High Court Wellington
CIV 2003-404-3355, 2962 & 3705
13, 14, 15 October; 18 November 2003
Paterson J
CIV 2003-404-3355, 2962 & 3705
13, 14, 15 October; 18 November 2003
Paterson J
Revenue — Practice and procedure — Designation of test cases — Stay of other proceedings — Whether Court would order stay — Principles — Whether Commissioner could designate more than one case to cover range of issues — Tax Administration Act 1994, s 138R(4).
Judicial review — Unreasonableness — Whether Wednesbury standard appropriate to decisions of delegated authority with interest in decision.
Judicial review — Remedies — Whether Court had jurisdiction to set aside designations on application for review when stays being challenged under statutory procedure — Whether Court should set aside designations.
Revenue — Tax avoidance — Whether “arrangement” required knowledge by participants and purpose of tax avoidance — Income Tax Act 1994, Part BG 1.
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