The Law Reports (Appeal Cases)
[1943] AC 425
[PRIVY COUNCIL]
COMMISSIONER FOR STAMP DUTIES OF NEW SOUTH WALES APPELLANT; AND PERPETUAL TRUSTEE COMPANY, LIMITED RESPONDENT.
ON APPEAL FROM THE HIGH COURT OF AUSTRALIA.
1943 Apr. 15.
VISCOUNT MAUGHAM, LORD RUSSELL OF KILLOWEN, LORD WRIGHT, LORD ROMER, and LORD PORTER.
Australia (New South Wales)
— Revenue
— Death duty
— Settlement
— Trust
— Gift of equitable interest in shares
— Bona fide possession and enjoyment assumed by donee immediately upon the gift
— Retention to entire exclusion of donor
— Shares not part of settlor's dutiable estate
—
New South Wales Stamp Duties Act, No. 47 of 1920, s. 102, sub-s. 2 (d).