N.Z. STAMP DUTIES CASE

Press, Volume LXX, Issue 21146, 23 April 1934, Page 12

N.Z. STAMP DUTIES CASE

PRIVY "COUNCIL REFUSES

LEAVE TO AIT EM

LONDON, April 20. The Privy Council refused leave to appeal in the case of the Commissioner of Stamp Duties in New Zealand v. Rhodcs-Moorhouse. I The Appeal Court on March 12' granted conditional leave to appeal to the Privy Council in the case of Barton and others versus Rhocios-Moor-house and others. Security was iixecl in the sum of £SOO, to be found vvuhm three months. The . .-peal arose from the decision of both divisions ot the Court of Appeal that the entail could not be barred. The case first came before the Appeal Court in September, 19.12. when hearing was begun on an originating .summons taken out by the'trustees of the estate of the Hon. William Barnard Rhodes, who died on February 11, 1078, for the purpose oi interpretinq his last will, dated February 9. 1873. The matter was briefly j heard and then adjourned to May.! 1933, when Mr Hadfield, counsel for the trustees, uryed that the estate | had been vested in Captain W. B. R. j Khodes-Moorhouse, V.C., before his death in Ihe war in 19'u, and consequently, on his death, in his son, W. H. Rhodcs-Moorhouse. Later in the hearing it was submitted by Mr Hadfield that leave to appeal to the Privy Council, asked for by the Commissioner of Stamp Duties, should not be granted, owing to lapse of time. The action involves the sum of .C 20.000, which is the amount claimed by the as the total duty assessable on the estate.]