15 Mar 2012
COMMISSIONER OF INLAND REVENUE V STIASSNY COA CA775/2010
- Citation
- COA CA775/2010
- Court
- Court of Appeal
Receivers were not personally liable under ss57/58 GST Act; the GST cheque was a debtor-initiated payment by the partnership (acting through its board controlled by receivers) and s95 PPSA therefore gives the Commissioner priority over secured creditors for the GST funds; the Commissioner received good consideration by discharging the debtor's tax liability and acted in good faith on the undisputed facts, so restitution for mistake of law cannot succeed; consequently respondents' claim must be struck out.