2 Mar 2000
NG KUEN WAI TRADING AS WILLIE TEXTILES v. DELOITTE TOUCHE TOHMATSU (A FIRM) AND ANOTHER
- Citation
- NG KUEN WAI TRADING AS WILLIE TEXTILES v. DELOITTE TOUCHE TOHMATSU (A FIRM) AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA7266/1998
The Amended Statement of Claim disclosed no reasonable cause of action against the Commissioner because the payments and liabilities complained of flowed from a bona fide binding compromise to terminate an IRD investigation and therefore were not recoverable as paid under mistake or compulsion; furthermore the Inland Revenue Ordinance provides statutory remedies and makes agreed assessable profits conclusive and, as a result, the statutory scheme and policy negate a duty of care giving rise to a negligence claim against the Commissioner. Accordingly the strike‑out was correctly ordered and th…
- Rescission for common mistake
- Compromise agreements
- Duty of care of tax authority
- Recovery of payments made under mistake
- Statutory bar to challenges of assessments
- Strike out for no reasonable cause of action