13 Mar 2014
MOULIN GLOBAL EYECARE TRADING LTD (IN LIQUIDATION) (formerly known as MOULIN OPTICAL MANUFACTORY LTD) v. THE COMMISSIONER OF INLAND REVENUE
- Citation
- MOULIN GLOBAL EYECARE TRADING LTD (IN LIQUIDATION) (formerly known as MOULIN OPTICAL MANUFACTORY LTD) v. THE COMMISSIONER OF INLAND REVENUE
- Court
- Court of Final Appeal
- Case number
- FACV5/2013
Majority held appeal dismissed: primary attribution applies to attribute the guilty knowledge of the active fraudulent directors to MGET for the purposes of the IRO; s64(1)(a) requires an external/physical impediment and was not satisfied by undiscovered internal fraud; deliberate fraudulent misstatements are not 'errors' under s70A; the fraud exception is confined to 'redress' cases (company suing wrongdoer) and does not operate to bar attribution against a third-party statutory claimant (the Commissioner) in this context.