High Court of Australia
Cons
Appl : ic Willic Felick's Bulge [1993] 2 ir di, Qu Lf VICKERY . : i 4 9 °
WOODS
HIGH COURT [1951-1952.
(HIGH COURT OF AUSTRALIA.]
APPELLANT ; PLAINTIFF, AND
RESPONDENT. DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Stamp Duties—Transactions or instruments liable—Conveyance or transfer on sale—
1951-1952. Se SypNEy, 1951, Dec. 6,7, 10.
Mxtzourny, 1952, March 7.
Dixon, Williams, Webb, Pullagar and Kitto JJ.
Agreement for sale—Purchaser acting as agent for company to be formed— Formation of company—Transfer to company executed—Duty paid—Rescission —Novation—Conveyance by direction—Refund of ad valorem duty—Stamp Duties Act 1920-1949 (N.S.W.) No. 47 of 1920—No. 37 of 1949), s. 41 (4) (a), (*
ioner of Stamp Duties (N.S.W.), to recover money
ued W., the Commi
paid as stamp duty ona contract executed by him for the purchase of a station property. At the time when the contract was made V. purported to act as agent for a company which had not then been incorporated and which did ence until two months later. After the formation of the
to effect the conveyance of the land
not come into ex
company, the instruments of transf to the company were duly executed and the balance of purchase money was paid by the company. W. claimed that ad valorem duty was payable upon the transfers as well as upon the original contract and a sum of money was paid as duty. V. then claimed under s. 41 (7) of the Stamp Duties Act 192
1949 (N.S.W.), a return of the stamp duty paid upon the contract on the
within three months of the agreement being rescinded or annulled. (c) This subsection shall not apply
*Section 41 (7) of the Stamp Duties 'Act 1920-1949 provides that :—" (a) In case the agreement is afterwards re-
scinded or annulled the ad valorem duty paid thereon shall be refunded by the Commissioner to the party to the agreement by whom or on whose behalf the duty was paid, or to his executors, administrators, or assigns. Applica- tion for the refund shall be made in or to the effect of the prescribed form
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