Trustees, Executors and Agency Company Limited v Commissioner of Land Tax [1915] HCA 35

OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

THE TRUSTEES, EXECUTORS AND AGENCY COMPANY LIMITED AND APPELLANTS ; OTHERS

AND

THE COMMISSIONER OF LAND TAX .__ RESPONDENT.

Land Tax—Assessment—Will of testator who died before 1st July 1910—Tenant for life—Equitable life interest in term of years—Land Tax Assessment Act 1910 (No. 22 of 1910), sec. 25.

Land Tax—Asaessment—Alterations and additions to assessments—Power of Com- missioner of Land Tax to make—Limitation of power—Mistake of law— Refund where too much duty paid—Amendment of assessment after refund— Recovery of amount refunded—Land Tac Assessment Act 1910-1912 (No. 22 of 1910—No. 37 of 1912), secs. 20, 21, 59, 60.

By the will of a testator who died before 1st July 1910 certain pastoral properties were devised to trustees upon trust to carry on the pastoral busi- ness until the expiration of twenty-one years from his death, and to stand possessed of the net annual income for such of seven of his children (who were named) as should be living at the expiration of the annual period (a term defined in the will) during or in respect of which it should have arisen, and such of the children of any of the seven who should then be dead as should be living at the expiration of the annual period, and after the expira- tion of the period of twenty-one years upon trust to convert and to divide the proceeds, after making certain payments, equally amongst such of the seven children as should then be living and such of the children of any deceased child as should then be living, such children taking their parent's share.

Heid, that the children of the testator were not tenants for life within the meaning of the proviso to sec. 25 (1) of the Land T'ax Assessment Act 1910, and, therefore, were not entitled to the benefit of that proviso.

'The power conferred on the Commissioner by sec. 20 of the Land Tax Assessment Act 1910-1912 to make alterations in or additions to any assess- ment is not restricted by the provisions of secs. 59 and 60.