Commissioner of Inland Revenue v Duncan - [2007] 2 NZLR 369

Bankruptcy and insolvency — Proof of debt — Trustee claiming GST input tax for land development — Trustee later adjudicated bankrupt — Development completed — Whether GST output tax provable in bankruptcy — Whether trustee having contingent liability or obligation to pay output tax — Whether tax fairly estimated for proof in bankruptcy — Whether trustee released from debt on discharge from bankruptcy — Goods and Services Tax Act 1985, ss 8(1), 9(1) and 57(3).

Revenue — Goods and services tax — Trustee claiming GST input tax for land development — Trustee later adjudicated bankrupt — Development completed — Whether GST output tax provable in bankruptcy — Whether trustee having contingent liability or obligation to pay output tax — Whether tax fairly estimated for proof in bankruptcy — Whether trustee released from debt on discharge from bankruptcy — Goods and Services Tax Act 1985, ss 8(1), 9(1) and 57(3).