3 Oct 2019
COMMISSIONER OF INLAND REVENUE v COMMERCIAL MANAGEMENT LIMITED [2019] NZCA 479
- Citation
- [2019] NZCA 479
- Court
- Court of Appeal
The Court allowed the appeal, concluding the High Court erred in restoring the companies under s 329: the applicants failed to provide the necessary factual material and explanation required for a s 329 application, the long unexplained delay and the risk of nugatory or perverse asymmetric tax outcomes meant restoration was not just and equitable, and the exercise of discretion was therefore set aside.