22 Oct 2008
BNZ INVESTMENTS LIMITED & ORS V COMMISSIONER OF INLAND REVENUE HC WN CIV 2004-485-1059
- Citation
- openlaw-717c8c95_4e2a_489f_b00b_c857964fc897.pdf
- Court
- High Court
The application to exclude the two expert witness statements is refused: the challenged evidence is not shown to be inadmissible at interlocutory stage because (a) material explaining the scheme, purpose and market effect of tax provisions can be relevant to the GAAR line-drawing exercise, (b) opinion evidence is admissible where it may substantially assist the trier of fact, and (c) an expert's connections affect weight and credibility, not admissibility; assessment of relevance and weight is for the trial judge in context.