APPEAL COURT.

Gisborne Times, Volume VIII, Issue 566, 8 November 1902, Page 3

APPEAL COURT.

By Telegraph—Press Association. Wellington, last night. In the case of Commissioner of Taxes v. the Australian Mutual Provident Society, a majority of the Appeal Court found in the Commissioner’s favor. The effect of the decision is that interest charged against policy holders on overduo premiums, end treated, a? paid put of jiurreuder valuo.’fs to bo deemed as income arising'from investments' for the purpose of taxation. : jTmlgixjoßt, tyas (jeliyeyad this morning in tho pburt of Appon.l in iho caso of the King v, the Assets Company, Limited. A majority of the Court, consisting of the phief Justico'and JuclgeY Donniston and ponolly, were of tho opinion that sums pyorpaid by tho Pompany for its annual lioenso fee for tho last ten years,-amount-ing in all to .£ISOO, woro paid nndor a mistako of fact, and are recoverable by tho Company under tho provisions of the Crown Suits Act, 1881. Their Honors wero also of opinion that tho cause of tho action did not arise uutil tho demand of refund was made, and that tho proceedings mder the Crown Suits Act, therefore had boon eommoneed within the time allowod bv that Act. Judge Edwards, whilst coin-

ciding with tho otner mourners or tno Court on other points, vyas of opinion that tho reduction of capital having been with in tho knowledge of tho company in Scotland, though unknown to its agents in tho oolony, payments could not be said to have boon made by tho Company under a mistako of fact. Tho payments had, in His Honor’s opinion, been made under a mistake of law, and tho moneys woro therefore not recoverable. In accordance with tho opinions of a majority of tho Court judgment was entered for tho Company. Leave was granted the Crown to appeal to the Privy Council.