Horsfall v Commissioner of Taxes (Vic) [1918] HCA 79; (1918) 24 CLR 422 (20 March 1918)

HIGH COURT OF AUSTRALIA

H C of A

On appeal from the Supreme Court of Victoria.

20 March 1918

Barton, Gavan Duffy and Rich JJ.

Weigall K.C. (with him Pigott), for the appellants.

Mitchell K.C. (with him Schutt), for the respondent.

Weigall K.C., in reply,

March 6

Barton J.

In this case we have come to the conclusion that these indentures are, at least in part, within sec. 143 of the Administration and Probate Act 1915, so that the claim of the respondent is to that extent sustainable. The property and the interest covered in law by the section as applied to the indentures are the remaining subjects for argument which must therefore be heard.

Argument then proceeded.

Appeal allowed. Question answered as stated above.

Solicitors for the appellants, Malleson, Stewart, Stawell & Nankivell.

Solicitor for the respondent, E. J. D. Guinness, Crown Solicitor for Victoria.