Permanent Trustee Co of New South Wales Ltd v Commissioner of Stamp Duties (NSW) [1954] HCA 34

cons & Not Followed CII S NSWLK 2972

REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

(HIGH COURT OF AUSTRALIA.]

PERMANENT TRUSTEE COMPANY OF. opus awn- NTE SOMME! WWAIDIDSS MLSNI) ff

AND

THE COMMISSIONER OF STAMP DUTIES R eis. OF NEW SOUTH WALES ESPONDENT. (Daviss' Case]

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Death Duty (N.S.W.)—Property dutiable- Deceased not entirely excluded from benefit—Gifts by deceased in lifetime— Settlement—Loans to deceased from trust fund—Appeal—Method—Stated case

Assets notionally included in estale~ H.C. or A.

—Quacre, satisfactory—Findings of fact—Inference—Stamp Duties Act 1920- 1940, ss. 102 (2) (d), 124.

By a settlement made in 1924 various assets owned by D. were vested in a company on trust to apply the whole or part of the income in such manner as it might think proper for the maintenance, education and general support of D.'s daughter until she should attain the age of thirty years or marry

with the written consent of her parents or the survivor of them. The daughter,

on attaining thirty years, was to be entitled to the corpus. The daughter lived with D. until Ist July 1938, when, at the age of twenty-eight years, she married and went to live abroad. Her parents' consent to the marriage was not evidenced in writing. From 1926 to 1931, when the daughter attained twenty-one years, the company made payments to D. out of the trust income for the maintenance, education and general support of his daughter. From

1931 to June 1937, the company, at the daughter's request, made further CAR,

annual payments to D. and between November and the date of her marriage, the company paid £1,548 out of the trust income to D's daughter. Throughout the whole of the period from 1926 to the date of her marriage, the daughter

was maintained, educated and supported by D. In December 1938, D., with H. C. or A. 1954, wes)