17 Apr 2018
COMMISSIONER OF INLAND REVENUE v ROBERTSON [2018] NZHC 696
- Citation
- [2018] NZHC 696
- Court
- High Court
The court held the Commissioner was entitled to recover the GST refunds from the liquidator under s301 because the liquidator misapplied and disbursed company funds in breach of his duties and despite the mandatory set-off under s310 which required retention; equitable defences including estoppel and change of position failed; interest awarded on the sums from the dates of payment subject to statutory caps.
- Companies act 1993 s301
- Companies act 1993 s310 (set-off)
- Goods and services tax act 1985 s46(6)
- Misapplied company funds
- Estoppel by representation/silence
- Mistaken payment and restitution