New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Shareholder-employee earnings under s 15(3)
  • 25 Oct 2018

    Hamilton v Accident Compensation Corporation (Leave to Appeal)

    Citation
    [2018] NZACC 167
    Court
    District Court

    The District Court held that the majority of the applicant's challenges raised questions of fact, that the Corporation was entitled to apply s 15(3) (and cl 31 was satisfied on the facts), that the evidence supported treating a significant proportion of Olette's profits as attributable to the applicant's services and therefore abatable, and accordingly refused leave to appeal as no substantial question of law was established.

    • Shareholder-employee earnings under s 15(3)
    • Rejection of tax returns cl 31 schedule 1
    • Abatement of weekly compensation cls 49-51 schedule 1
    • Lifting the corporate veil
    • Reasonableness of remuneration estimation