2 Apr 2008
THE COMMISSIONER OF INLAND REVENUE V MCLEAN TOWER LIMITED, A DULY INCOPORPORATED COMPANY HAVING ITS REGISTERED OFFICE AT APARTMENT 6F, 2 EDEN CRESCENT, AUCKLAND HC AK CIV2007-404-709
- Citation
- openlaw-f831806d_93bc_46f2_bec9_bf9ee87e8cf1.pdf
- Court
- High Court
The defendant had not complied with a valid statutory demand for a debt that is deemed correct under s109 Tax Administration Act 1994; the asserted refund cannot operate as a defence by way of set‑off in the statutory demand proceedings; nonetheless the court exercised its discretion to grant a short, conditional adjournment pending the Commissioner's decision on the refund, on strict terms requiring payment or provision of security for the debt (less any allowed refund) within three weeks of that decision and payment of costs, failing which the Commissioner may proceed to seek liquidation on…