22 Jun 2012
JENNINGS ROADFREIGHT LIMITED(IN LIQUIDATION) & ORS V COMMISSIONER OF INLAND REVENUE HC AK CIV-2011-404-7225
- Citation
- openlaw-59394faa_93b6_4558_9dd8_d6a41fbad020.pdf
- Court
- High Court
The court held that (1) while s 157 processes can amount to an "attachment" under s 251 CA, the attachment is only "completed" by actual receipt by the Commissioner; (2) the BNZ placing funds into a suspense account did not constitute receipt by the Commissioner before liquidation; (3) the s 167 trust does not protect the Commissioner where the Commissioner had not received the funds by liquidation; therefore funds paid to the Commissioner after liquidation were subject to s 251 and must be returned to the liquidators.