New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Commencement of liability
  • 30 Nov 2022

    COMMISSIONER OF INLAND REVENUE v LINDSAY [2022] NZCA 585

    Citation
    [2022] NZCA 585
    Court
    Court of Appeal

    Section 19 is a purposive, narrow exception to the general rule that liability commences when an application is properly made; it applies only where the original application remains live and was prevented from acceptance by lack of proof of parentage. A prior application which has been abandoned or not pursued (the 2003 application here, abandoned by 2006 at the latest) cannot support backdating. Judicial review was available and appropriately used given the impracticality of timely objection and the statutory scheme; costs uplift in the High Court was not justified and is set aside, but the…