2 Jul 2009
JANUS NOMINEES LTD V TIMOTHY AND MARGARET FAIRHALL CA CA336/2008
- Citation
- openlaw-c26224fe_d1e2_4b2b_8768_c2de2770a4c2.pdf
- Court
- Court of Appeal
Appeal allowed: the tax warranty did not cover future GST liability and no implied representation was made that Courageous's activities were GST-exempt; given the parties' sophistication, available materials and independent advice it was unreasonable to rely on an implied representation and caveat emptor applies, so no liability under s 9 FTA arose.