New Zealand Case Law: Decisions & Judgments

Topic

Tax debt

Legal area

Court

18 Oct 2016

FORTUNE TECHNOLOGY CORPORATION LIMITED v THE COMMISSIONER OF INLAND REVENUE [2016] NZHC 2489

Citation

[2016] NZHC 2489
Court

High Court

The application for a stay was dismissed because the company did not demonstrate a genuine dispute over the debt and failed to discharge the onus for a discretionary stay; the proposed sale and funding arrangements were speculative and undocumented and therefore insufficient to justify restraining the Commissioner from proceeding with advertising and liquidation.
11 Dec 2015

THE COMMISSIONER OF INLAND REVENUE v D P ALAM HORTICULTURE LIMITED [2015] NZHC 3166

Citation

[2015] NZHC 3166
Court

High Court

The application for an extension of time was dismissed because the defendant failed to file sworn evidence demonstrating a defence or reasonable prospect of repaying the tax debt, but the court declined to make a liquidation order immediately and adjourned the matter to 18 February 2016 to allow a short period for possible refinancing or resolution.
16 May 2012

THE COMMISSIONER OF INLAND REVENUE V JOHN MILL & ASSOCIATES LIMITED HC WANG CIV-2011-483-284

Citation

openlaw-c2b81cdb_819f_475e_9868_67093ebf156b.pdf
Court

High Court

The Court granted the liquidation order because the plaintiff established an unpaid debt evidenced by certificate and statutory demand, the defendant failed to provide any evidence of solvency or of collectability of the asserted receivable, and further adjournment was unjustified; accordingly the company was ordered wound up, liquidators appointed, and remuneration approved subject to statutory provision.
29 May 2007

THE COMMISSIONER OF INLAND REVENUE V MOTIVATION (NZ) LIMITED HC GRY CIV-2006-418-000110

Citation

openlaw-2ab3738a_96b5_4bb8_b428_2c8781885f36.pdf
Court

High Court

The defendant company was found insolvent because it had no assets and did not dispute the outstanding tax debt; accordingly the Court ordered the company into liquidation and appointed liquidators, awarding costs to the plaintiff.

New Zealand Case Law

FORTUNE TECHNOLOGY CORPORATION LIMITED v THE COMMISSIONER OF INLAND REVENUE [2016] NZHC 2489

THE COMMISSIONER OF INLAND REVENUE v D P ALAM HORTICULTURE LIMITED [2015] NZHC 3166

THE COMMISSIONER OF INLAND REVENUE V JOHN MILL & ASSOCIATES LIMITED HC WANG CIV-2011-483-284

THE COMMISSIONER OF INLAND REVENUE V MOTIVATION (NZ) LIMITED HC GRY CIV-2006-418-000110