76
36
―
37
77
No. 20. Affidavit of Ralph Archibald
Wadeson in support
of Motion 25th
me that he is desirous of and consents to being substituted as an Appellant in these proceedings in the place of the said Sir William Edward Leonard Shenton, Kt.
3. On the 20th day of May 1935 the Estate Duty Commissioner issued his Certificate deciding that Estate Duty was payable by the Estate of the said deceased upon the death of the Widow Lady Maria Christine Chater an (Continued) Annuitant under the Will who died on the 11th day of March 1935.
February, 1936.
4. Being aggrieved by the decision contained in the said Certificate the above-named Appellants filed in the Registry of this Honourable Court and delivered to the Estate Duty Commissioner a written Statement of the grounds 10 upon which they desired to appeal against the said decision and on the 7th day of June 1935 the said Commissioner notified the abovenamed Appellants that he had determined to maintain in whole his aforesaid decision whereupon the above- named Appellants lodged with this Honourable Court a Petition giving the grounds upon which and asking that the said decision should be set aside.
5. The said Petition came on for hearing before His Honour The Chief Justice Sir Atholl MacGregor, Kt., on the 13th day of June 1935, at which the Appellants and the Respondent were represented.
6. At the conclusion of the hearing of the said Petition on the 13th day of June 1935, His Honour Sir Atholl MacGregor, Kt., dismissed the said Appeal 20 with costs and on the 27th day of June 1935 delivered a written Judgment accordingly.
7. On the 10th day of December 1935 the above-named Appellants filed a Notice of Motion that this Honourable Court would be moved on the 8th day of January 1936 at 10 o'clock in the forenoon or so soon thereafter as Counsel could be heard by Counsel on behalf of the above-named Appellants that the whole of the decision of His Honour Sir Atholl MacGregor, Kt., should be reversed and that Judgment should be entered for the above-named Appellants and for an Order that the Respondent should refund the Estate Duty paid in pursuance of such Judgment together with interest at 8% per annum from the date of payment 30 to the date of refunding and that the costs of the above-named Appellants of the proceedings in the first instance and of the Appeal should be paid by the Respondent.
8. The said Motion was heard before this Ilonourable Court consisting of Their Honours Mr. Justice R. E. Lindsell and Mr. Justice J. J. Hayden sitting together on the 8th and 9th days of January 1936.
9. On the 17th day of February 1936 the Appeal was unanimously dismissed with costs.
10. The above-named Appellants feel themselves aggrieved by the said Judgment of this Honourable Court delivered on the 17th day of February 1936 40 affirming the said Judgment of His Honour Sir Atholl MacGregor, Kt., delivered on the 13th day of June 1935 and desire to appeal therefrom.
10
11. The said Judgment is for and in respect of a sum or matter at issue No. 20.
above the amount and value of $5,000.
SWORN at the Courts of Justice, Victoria, Hongkong, this 25th day of February 1936
Before me,
Sd. L. R. ANDREWES,
A Commissioner for Oaths.
Affidavit of Ralph Archibald Wadeson
of Motion.
in support
Sd. R. A. WADESON, 25th
February, 1936. (Continued)
No. 21.
Order
provisional
the Privy
9th March,
No. 21. Order granting provisionul leave to appeal to the Privy Council. granting UPON the Motion of above named Appellants Sir William Edward leave to Leonard Shenton, Kt., and Michael Howard Turner filed on the 25th day of appeal to February 1936 praying for leave to appeal to His Majesty in His Privy Council Council. from the judgment of the Full Court dated 17th day of February 1936 affirming 1936. the judgment of His Honour The Chief Justice dated the 13th day of June 1935 and upon reading the Notice of Motion and the Affidavit of Ralph Archibald Wadeson filed herein on the 25th day of February 1936 and upon hearing what was alleged by Mr. Leo D'Almada e Castro of Counsel for the Appellants and by Mr. Ernest Ilillas Williams of Counsel for the Respondent it doth appear to this Honourable Court that this is a proper case in which to allow such 20 appeal THIS COURT DOTH ORDER that the name of Harold John Armstrong be substituted for the name of Sir William Edward Leonard Shenton, Kt., jointly with the above named Michael Howard Turner as an Appellant and that these proceedings continue in that name AND THIS COURT DOTH FURTHER ORDER that subject to the performance by the said Appellants of the orders of this Court by them to be performed hereinafter contained or hereinafter made and subject to the final Order of this Court to be made and upon the due performance thereof leave to appeal to His Majesty in Ilis Privy Council against the said judgment of this Honourable Court approving the said judgment of His Honour the Chief Justice be granted 30 to the said Appellants AND THIS COURT DOTH ORDER that the said Appellants do within three months from the date of the hearing of the said Motion for leave to appeal enter into good and sufficient security to the satisfaction of the Registrar of this Court in the sum $5,000.00 by paying the same to the Registrar of the said Court for the due prosecution of the appeal and for the payment of all such costs as may become payable to the Respondent in the event of the Appellants not obtaining an Order granting them final leave to appeal or of the appeal being dismissed for non-prosecution or of His Majesty in Council ordering the Appellants to pay the Respondent the costs of the appeal AND THIS COURT DOTH FURTHER ORDER that the 40 Appellants do within three months from the date of the hearing of the said