15 Apr 2008
ANZ NATIONAL BANK LIMITED & ORS V THE COMMISSIONER OF INLAND REVENUE HC WN CIV 2005-485-1037
- Citation
- openlaw-70e4da02_0d19_42ba_9f93_d8e73aa7d4ca.pdf
- Court
- High Court
The second cause of action alleging unfairness and abuse of power based on the Karapiro private ruling is untenable and must be struck out because the Karapiro ruling was arrangement specific under the TAA and did not constitute a representation binding the Commissioner to treat separate transactions identically, and ANZ's asserted reliance was unreasonable given the statutory private ruling regime and available internal evidence showing alternative conduct.