Commissioner of Stamp Duties (NSW) v Perpetual Trustee Company Limited [1915] HCA 91

TR 393

21C.L.R.] OF AUSTRALIA. 69

that the creditor must go to England to recover it, is shabby H- ©. or A. 1915.

and oppressive. More especially is that so in view of the fact that the defendants hold the entire and exclusive security over the Gregory company's property, and that the creditor was only induced ee to advance the money to the Gregory company by the guarantee ites created by the defendants' endorsement. It is within the law, Harvey &

Z 9 , Co. Lrp. and that is all that can be said for it.

Isaacs J.

Appeal dismissed with costs.

Solicitors for the appellants, Saywell & Saywell. Solicitor for the respondents, A. G. de L. Arnold.

B.L.

(HIGH COURT OF AUSTRALIA.]

THE COMMISSIONER OF STAMP ey ee (NEW SOUTH WALES) . ' PPELLANT ;

AND

THE PERPETUAL TRUSTER COMPANY) po, Wcora. Fr -* 1015,

EMEREMDIE 8.0% Te Bite te oe gh Sf whee M THE SUPREME COURT OF cekpehG ON APPEAL FROM THE SU! April 9, 12.

NEW SOUTH WALES.

Stamp Duty—Setilement—Trust to take effect after death of settlor—Trust for wife Gavan Dust during joint lives of settlor and for survivor for life—Stamp Duties Act 1898 Nov. 30; (Y.S.W.) (No. 27 of 1898), secs. 49, 58. Dec. 1, 14.

Sec. 49 of the Stamp Duties Act 1898 (N.S.W.) enacts, first, that duties Gritith 0.4,

according to the Third Schedule to the Act shall be levied upon and in respect aera oan, an'

of all estate whether real or personal which belonged to any person dying Rich JJ.

H. Cor A. 1915. SI

* Commas:

SIONER OF Sramp

Dortes (N.S.W.) ®.

PERPETUAL

TRUSTEE Co. Len.

HIGH COURT (1915.

after the commencement of the Act, and then enacts that duties at the same rates shall be levied upon (inter alia) " all estate, whether real or personal, (a) which any person, dying after 22nd May 1894, has disposed of, whether before or after that date, by will or by settlement containing any trust in respect of that estate to take effect after his death, under any authority enabling that person to dispose of the same by will or deed, as the case may be." Sec. 58 enacts that within six months after the death of any person who has executed a settlement "containing any trust to take effect after his death" notice of the settlement shall be lodged with the Commissioner of Stamp Duties together with a declaration specifying "the property thereby settled and the value thereof," and that duty shall thereupon be payable on such value at the rates specified in the Third Schedule.