High Court of Australia
19 CLR. OF AUSTRALIA. 283
considerable penalty. The duty has been paid, amounting to H.C. or A.
£139 5s. ue ee On the whole, I think justice will be done and, in this case, the Tar Kixe law sufficiently vindicated, if, in addition to the forfeiture, I ch
Tucker.
inflict a penalty of £25 for the offences charged, with a further penalty of £25 for the fraud.
The defendant is convicted, and fined accordingly, and is ordered to pay the costs of the action.
Defendant convicted. Penalty of £50 im- posed. Defendant to pay costs of action.
Solicitor, for the plaintiffs, Gordon H. Castle, Crown Solicitor for the Commonwealth. Solicitors, for the defendant, W. H. Croker & Croker,
B.L. [HIGH COURT OF AUSTRALIA.] ROOM AND OTHERS . a : . APPELLANTS ; AND BAIRD AND OTHERS . ' , ' . RESPONDENTS. ON APPEAL FROM THE SUPREME COURT OF TASMANIA, Res Judicata—Order on originating summons—Trustee Act 1898 (Tas.) (62 Vict, H.C. or A. No. 34), sec. 45. 1915. A testatrix by her will gave a certain sum to trustees upon trust to pay the p45.) an income to her husband for life, and after his death to pay and divide the jy, 15. income equally between her five children for their respective lives, with a ai power to appoint the capital of their respective shares by deed or will, On Gritith J. sacs an
an originating summons under sec. 45 of the Trustee Act 1898, to which Gavan Dufty JJ.
H.C. or A. 19165.
Room
Barrp.
HIGH COURT [1915.
three sons were parties, an order had been made declaring that the children took life interests after the death of their father in their respective shares, with a power of appointment superadded, " the said respective shares to remain in the hands of the trustees during the respective lives" of such children. Subsequently, by an originating summons taken out by those sons, the question was asked whether in the event of the sons appointing their respective shares to themselves by deed they would be entitled absolutely to those shares subject only to the life interest of their father.
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