3 Apr 2009
THE COMMISSIONER OF INLAND REVENUE V BERRYTIME LIMITED HC TAU CIV-2008-470-808
- Citation
- openlaw-9f6ded78_82c8_4d31_ab2b_3acc9a67cd33.pdf
- Court
- High Court
The court held that the defendants owed substantial self-assessed GST liabilities that remained unpaid and, because s109 renders those assessments indisputable in these proceedings and the defendants provided no reliable, contemporary evidence of solvency, the unpaid debts justified the inference of cashflow insolvency under s241 of the Companies Act 1993; the pending judicial review had no real prospect of displacing the assessments, and consequently the court found insolvency and adjourned final liquidation orders to allow short opportunity for payment.
- Gst liability
- Assessments and disputable decisions (tax administration act s109)
- Commissioner amendment power (s113)
- Inability to pay debts (companies act s241)
- Liquidation/winding up
- Statutory demands and evidential inference