27 Mar 2023
TAKAPUNA RESIDENCE DEVELOPMENT LTD v DIXON [2023] NZHC 624
- Citation
- [2023] NZHC 624
- Court
- High Court
The nominee purchaser (Takapuna RD), as the legal acquirer of the land, was entitled to input tax credits for the full purchase price including deposits paid by the nominator; s20(3) does not deny entitlement where the nominee acquires the property and s60B(6) treats the supply as to the nominee; incorporation after payment of the deposit does not prevent recovery under privity/nominee principles; Eden LP's unsuccessful attempt to claim the deposit credit does not bar Takapuna RD; summary judgment was therefore entered for Takapuna RD for the quantified sums.