28 Aug 2018
COMMERCIAL MANAGEMENT LTD v COMMISSIONER OF INLAND REVENUE [2018] NZHC 2224
- Citation
- [2018] NZHC 2224
- Court
- High Court
On a balancing of public and private interests the Court concluded it was just and equitable to restore the five struck off companies under s329(1)(b): applicants established a legitimate purpose to enable pursuit of tax objections following FB Duvall, delay was explained and caused no evident prejudice, reasons for striking off did not outweigh the public interest in permitting taxpayers to pursue claims; ancillary relief required to overturn a liquidator's final report for Belmonte Dairy Ltd.