ANZ National Bank Limited, UDC Finance Limited and Tui Endeavour Limited v The Commissioner of Inland Revenue - SC 67/2007

Summary

Civil appeal – disclosure of documents in tax avoidance litigation – Commissioner of Inland Revenue is challenging on grounds of sham and illegitimate tax avoidance several structured financing arrangements entered into by a number of banks – litigation is to proceed against each bank separately – whether, in litigation against each bank, the Commissioner can rely on documents associated with similar transactions entered into by other banks – whether such reliance is prevented by either s 81 of the Tax Administration Act 1994 or the application of public interest immunity. CA 280/06 [2007] NZCA 356 CA 280/06 21 August 2007

Result

Application for leave to appeal granted.
18 October 2007
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The appeals are dismissed with costs to the Commissioner of Inland Revenue of $25,000 together with reasonable disbursements, to be fixed if necessary by the Registrar, and to be borne as to 40% each by Westpac and ANZ National and as to 20% by ASB Bank.
14 April 2008

Related Documents

Additional Information

Westpac Banking Corporation v Commissioner of Inland RevenueNZSC 24 SC 66/2007 SC 67/2007

BNZ Investments Ltd v Commissioner of Inland Revenue [2007] NZCA 356   21 August 2007