APPEAL DISMISSED

Dominion, Volume 15, Issue 25, 24 October 1921, Page 9

APPEAL DISMISSED

APPLICATION FOR REFUND OF STAMP DUTY. An appeal lodged by Eustace Richard Boardman, of Napier, expressman. against the action of the Minister of Stamp Ditties in refusing to refund stamp money paid in ad valorem duty on an agreement which later was rescinded, was dismissed last week by 11 is Honour Air. Justice Reed. The date of the making of the agreement was Juno 4 19 9 0 and tho rescinding date was December 20, 1930. The appellant contended that in accordance with the provisions of section 76 of the Finance Act, 1915, he was entitled to a refund of the duty on the grounds that the application was made within twelve months from the making of the agreement, and that the provisions of the 1920 Act did nob apply to agreements made prior to that Act coming into force. The respondent contended that section 31 of th® Finance Act. 1920. applied, and 1 that, consequently, an application for refund of duty should be made within six months' from the date of the making of the agreement for sale. - In dismissing the appeal the .Judge stated: “I think that, when the appellant applied for a refund of tho stamp duty, the power to grant it was gone, and that the privilege'or right that he possessed prior to ths amending legislation had never become an accrued or vested right. I am of opinion, therefore, that the contention of the respondent is correct?!.