28 Apr 2009
ANZ NATIONAL BANK LIMITED, UDC FINANCE LIMITED, TUI ENDEAVOUR LIMITED, TUI SECURITIES LIMITED, CORTLAND FINANCE LIMITED AND ARAWATA FINANCE LIMITED V COMMISSIONER OF INLAND REVENUE CA CA273/2008
- Citation
- openlaw-83c7ef9e_2212_42d6_9dd5_383dcab4d5a0.pdf
- Court
- Court of Appeal
Under the Peruvian Guano test the PwC tax opinions were discoverable because they may fairly lead the Commissioner to a train of inquiry relevant to scope, purpose, artificiality/contrivance and the nature/size of the guarantee procurement fee; statutory protections in the TAA that limit s17 disclosure do not bar court-ordered discovery; requiring discovery for litigation purposes does not amount to an abuse of the Commissioner's powers under s6 TAA.