Fatac Ltd (In Liquidation) v Commissioner of Inland Revenue - [2002] 3 NZLR 648

Contract — Interpretation — Sale and purchase agreement — Whether property “tenanted” to be considered at date of contract or settlement — Degree to which extrinsic evidence could be taken into account in determining whether agreement in writing that supply was of going concern — Goods and Services Tax Act 1985, s 11(1)(c)(ii).

Property law — Lease — Whether grant of occupation licence or tenancy — Whether exclusive possession the test.

Revenue — Goods and services tax — Sale of land — Whether property “tenanted” — Whether agreement in writing that supply was of going concern — Goods and Services Tax Act 1985, s 11(1)(c)(ii).