Westpac Banking Corporation, Bank of New Zealand Limited, ANZ National Bank Limited v Commissioner of Inland Revenue - SC 83/2009

Summary

Civil Appeal – Banking and Finance – Unclaimed Money Act 1971 – meaning of terms: “money” “payable”, “has become owing” – Whether UMA applies to conditional transactional liabilities such as cheques, drafts or other bills of exchange – Bills of Exchange Act 1908 – nature of drawer’s liability – Whether Court of Appeal erred in holding Commissioner of Inland Revenue v Thomas Cook (New Zealand) Ltd [2005] 2 NZLR 722 (PC) applied – Whether Thomas Cook rightly decided.[2009] NZCA 376   CA 741/2008   26 August 2009

Result

Application for leave to appeal granted.
4 December 2009
__________________________________
The appeal is dismissed. The appellants are ordered to pay the respondent costs of $15,000 together with reasonable disbursements to be fixed if necessary by the Registrar.
7 April 2011

Hearing Transcripts

Related Documents