SOLICITOR FINED.

New Zealand Herald, Volume LXII, Issue 19028, 27 May 1925, Page 14

SOLICITOR FINED.

STAMP DUTY EVASION. NOTICE OF APPEAL GIVEN. MR. WYVERN WILSON'S JUDGMENT [I3Y TELBOItAPir.- PRESS ASSOCIATION.] CHEISTCIIURCH. Tuesday. Giving reserved judgment to-day Mr. VVyvern Wilson, S.M., upheld tho charge of a broach of tho Stamp Duty Act against Frederick Wilding, K.C.,*and imposed a fmo of £25. Notice of appeal was immediately given, security boing fixed at £25. Tho charge against Wilding was that, "on August 13, 1923, at Christchurch being concerned in or about tho preparation of memorandum of transfer dated August 13, 1923, with intent to defraud His Majesty he did omit wilfully and truly to set forth all tho facts and circumstances affecting tho amount of the ad valorem duty with which such instrument was chargeable." At the hearing Mr. P. S. K. Macassey, of Wellington, appeared for the Cro\ift and Mr. W. Myers, K.C., of Wellington, for Wilding. This afternoon Mr. M. J. Gresson took judgment for defendant. 'Jho magistrato said the instrument in respect of which the defendant was charged was a transfer of land from Bowron Brothers to one Campbell. In 1917 tho land was sold to one Stevens, who entered into three agreements. In 1918 an agreement was prepared by Wilding and Acland and this was never stamped. In 1921 Stevens entered into negotiations with Anning Brothers for tho sale or exchange of tho property and tho Auuings went into possession for two and a-half years. Anr.uig Brothers were trying, to get possession of Clifton Falls and the negotiations wero carried on through Wilding and Acland. ' Thoso negotiations weie not. successful. Another Exchange Arranged.

111 1923 tho brothers agreed to another exchange, tho agreement being drawn up by a land agent and then by Dougali. Xtiis was sent to Granger, mauaging uerk for Wif ding and Acland. Granger prepared mortgages. The imatter was to lie completed in August, 1923, and Granger said ho was worried as to tho negotiations and consulted Wilding. At the interview for the completion of the deal it appeared abundantly clear that the /Innings declined to sign because it would have involved thorn in double stamp duty. They had felt strongly about tho matter because they had been trying to get Clifton Falls for a long time.

The suggestion was made by Granger that tho transaction could bo put through direct from Bowron Brothers. Ho made it, quite clear later that tho Annings wero concerned. Defendant had said that he directed tho transfer to Campbell and intended to cut out the intermediate purchasers entirely and leave them to pursue any course they might think fit. The Hon. G. J. Smith, of Bowron Brothers, was assured by the defendant that this course was a safe one and the transfer was drawn up. The only difficulty that arose in connection with the transfer going through was the refusal of tho Annings to pay penal duty. Jt was clear that this was not made known until later. He was satisfied that the transfer direct was solely for tho purpose of evading payment of heavy penal duty. There was nothing in tho evidence which led hun to suppose that Bowron Brothers wished to deprive tho Annings of any interest in the property. On the face of the deeds it appeared that the Annings had been deprived of £IBOO and required to take other burdens. It appeared, howover, that Bowron Brothers held these burdens for tho Annings. It was shown that the land had been sold from Bowron Brothers to Stevens by the sale from Stevens to the Anilines —the defendant admitted that lie know that this was in the nature of a sale—and from tho Annings to Campbell. Defendant's Responsibility. "After giving the matter grave contention of Mr. Myers that the defendant was not concerned with the preparation of the transfer. He was the senior partner of the firm and directed his clerk how tho transfer should be prepared. "After giving the matter gravo consideration," tho magistrate concluded, "1 find mvslf unable to accept the statement of Wilding as to the state of his own inind in tho matter. I aim of opinion it was at his instance that the transfer was put through direct with the solo ibject of avoiding payment of heavy penal duty. Ido not think tho Annings were deprived of their interest in the property in its transfer, and therefore the transfer could not be direct. I think defendant must, bo convicted. He has rendered himself liable to 'fine and also, being convicted, ho is liable to payment of heavy penal stamp duty. I tako that fact into consideration in fixing tho amount of the fine. I tako into consideration also the fact that defendant lias been in practice for many years and in that time he has risen to an eminent place in his profession, but that ominence must carry with it corresponding responsibility. The heaviest penalty so far as defendant is concerned is the conviction itself. Ho will be fined £25 and ordered to pay costs."