Read the full judgment text of CACV 460/2018 on BabelCite. This Court of Appeal judgment was delivered on 4 October 2019 before Hon Kwan VP, Yuen JA and Au JA.
Stamp duty – Exchange of property – Section 25(7) Stamp Duty Ordinance – Court Order – Divorce – Equality consideration – Principal instrument – Whether assignments constitute exchange – Yes – Whether section 27(4) applies – No – Whether judge determined Case Stated questions – Yes – Appeal allowed – Excess stamp duty repaid – No costs
Legal issues: Whether assignments constitute exchange under s.25(7) · Whether section 25(7) inapplicable due to lack of stated consideration or principal instrument · Whether judge failed to determine Case Stated questions
Outcome: Appeal allowed; stamp duty assessed on equality consideration.
Cited by 1 case · Cites 7 cases