THE FULL COURT.

Dominion, Volume 6, Issue 1740, 3 May 1913, Page 3

THE FULL COURT.

STATE'S CLAIM FOB GIFT DUTY. HAWSE'S BAY DEED. The Full Court sat yesterday. The first case taken concerned an appeal against an assessment of gift duty on an instrument which had been regarded by the State Department as a deed of gift. On December 3, 1912, a deed of settlement was executed by Maud Airini Tiakitai Perry, of Crissoge, Hawke's Bay, and by James M'Pherson M'Lean, Bank Inspector, Wellington, and William James Stratton, accountant, Hastings.' By this deed Mrs. Perry granted to Messrs. M'Lean and Stratton, as trustees, the sum of. £25,000 to be issued out of and be a .charge upon land known as Kaiwaka No. 28. Mrs. Perry mortgaged the land to the trustees to secure to them this amount. This trust they were to hold during her lifetime, and after her death were to hold ,it for such issue as Mrs. Perry should appoint, or, if she made no appointment, in equal shares for her children. The Commissioner of Stamps deemed the deed to be liable to gift duty under Part i of the Death Duties Act, 1909, as amended by the Death Duties Amendment Act, 1911, at the rate of 5 per cent on the .£25.000. Against this the appeal wa3 made.The Court consisted of his Honour the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, Mr. Justice Cooper, Mr. Justice Chapman, and Mr. Justice Sim. Mr. C. P. Skerrett, K.C., with him Mr. A. G. Fell, appeared for the appellant, and Mr. H. H. Ostler represented the Crown Office, In the course of his argument Mr. Skerrett said that the deed did not constitute a complete settlement, and it was not an instrument capable of registration under the Land Transfer Act. The amount claimed by the Commissioner was £1250. His clients did not object to paying the duty when they got the £25,000.

Mr. Ostler concluded his argument late in the afternoon and the Court reserved decision. PENDING BUSINESS. . The appeal Court stands adjourned till Monday, when the appeals from the Supreme Court decisions in the salvage claims respecting the stranding of the steamer Wnnganui will bo heard. On Tuesday the Supreme Court will sit again ivhen the case of Tfoss v. the Public Works Department will bo taken. This case was set bark owing to the absence of the Attorney-General (tho Hon. A, L. Herdman) from Wellington.

After that tho Appeal Court will sit n<rain. The case of Stevens v. tho Na-. tional Mutual Life Society is the first case to bo taken.

Beyond the above no definite arrangements have been made.