11 Sept 2015
BEACH ROAD COMMERCIAL LIMITED v THE COMMISSIONER OF INLAND REVENUE [2015] NZHC 2205
- Citation
- [2015] NZHC 2205
- Court
- High Court
The application to set aside the statutory demand is dismissed because the applicant cannot demonstrate a substantial arguable dispute: statutory challenge time limits were exhausted, the s113 reassessment was properly declined on substantive grounds, the claimed set-off via an associated company is speculative and unsupported, solvency is not a standalone ground in the circumstances, and the alleged misstatement resulted from subsequent credits applied after issue of the demand rather than an original material misstatement.