16 Mar 2012
COMMISSIONER OF INLAND REVENUE V LY & ORS HC HAM CIV 2011-419-000768
- Citation
- openlaw-18f6d1dc_5f23_455c_a0d0_9aadfb7cc2c6.pdf
- Court
- High Court
The transfers of the two houses were dispositions within s346 made without reasonably equivalent value and with intent to prejudice the Commissioner; the Commissioner was prejudiced; the defendants failed to establish s349 defences (valuable consideration, good faith and lack of knowledge or unjust change of circumstances); accordingly orders under s348 should be made and the Commissioner’s application is granted.