Michael Peter Stiassny, Grant Robert Graham, Forestry Corporation of New Zealand Limited (in receivership), Citic New Zealand Limited (in receivership), CNI Forest Nominees Limited and Bank of New Zealand v Commissioner of Inland Revenue - SC 21/2012
Summary
Result
A Leave to appeal is granted.
B The approved grounds are:
(i) whether the GST payment was a “ debtor-initiated payment” in terms of s 95 of the Personal Property Securities Act 1999 so as to confer priority to the Commissioner over any claim to those moneys by any respondent;
(ii) whether any of the appellants can recover the amount of GST so paid from the Commissioner on the basis that it was paid by the receivers under a mistaken belief that they were personally liable to pay it or on any other basis.
8 May 2012
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The appeal is dismissed.
The appellants are to pay the respondent’ s costs in this Court in the sum of $40,000 together with reasonable disbursements as fixed by the Registrar.
28 November 2012
Additional Information
Hearing dates : 27 and 28 September 2012
McGrath, William Young, Chambers, Gault, Blanchard JJ.