N.Z. APPEAL.

Auckland Star, Volume LXIV, Issue 242, 13 October 1933, Page 7

N.Z. APPEAL.

DISMISSED BY PRIVY COUNCIL. (Received 11.30 a.m.) LONDON, October 12. The Privy Council has dismissed the New Zealand appeal, Gould v. the Commissioner of Stamp Duties. The Christchurch case, Gould v. the Commissioner of Stamp Duties, was heard by the Full Court in Wellington, with the Chief Justice, Sir .Michael Myers, also Mr. Justice Herdman, Mr. Justice Adams, Mr. Justice MacGregor and Mr. Justice Blair, on the Bench. The hearing began on March 8, and the judgment was delivered on July 5. The' case, a complicated one, centred round the question whether, upon the right construction of the settlement, there was a benefit reclaimed by the settlor, and the results of a further question whether or not the gift, the subject of the settlement, was named within three years of the settlor's death. The Full Court held as to a sum of £21,600 that it was dutiable by virtue of section 5, sub-section 1, paragraph C, of the Death Duties Act. The Court also held that as to a sum of £4450 there was a gift within three years of the settlor's death, and that it was dutiable under the Act. The Court sustained the assessment made by the Commissioner of Stamp Duties. An appeal to the Privy Council followed.