Accent Management Limited v Attorney-General and Commissioner of Inland Revenue - SC 90/2014

Summary

Civil Appeal – Income Tax Act 1994 - Whether the High Court has jurisdiction to provide a remedy if a Judge attempting to calculate tax overlooks the direction in s EH 8(1) of the Income Tax Act 1994 that subpart EG and s DL 1(3) of that Act are not to apply, where failure to comply with them engages the Constitution Act 1986 and the Bill of Rights 1688 – Whether the Court of Appeal erred in finding that the High Court has jurisdiction to overlook the direction in s EH 8(1), whether in demanding tax or reviewing such a demand - Whether the proceeding involves substantial relitigation of issues already determined by the courts.[2014] NZCA 351 CA 541/2013

Result

The application for leave to appeal is dismissed.

Costs are reserved.  If the respondents wish to obtain orders for costs they should apply within 14 days setting out in detail the orders sought.  If such applications are made, the applicants may respond within a further 14 days.

2 December 2014
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We fix costs and disbursements in favour of the Commissioner of Inland Revenue in the sum of $3,659.67.
8 June 2015

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