Court of Appeal Wellington
18, 19 February; 31 May 1991
Cooke P, Richardson, Casey and Hardie Boys JJ, and Sir Gordon Bisson
18, 19 February; 31 May 1991
Cooke P, Richardson, Casey and Hardie Boys JJ, and Sir Gordon Bisson
Revenue — Income tax — Assignment of income — Partnership income — Effect of assignment of future property — Whether income at any time income of assignor — Whether income derived from personal exertion capable of assignment for taxation purposes — Assignment of share in capital of accountancy firm — Whether assignment void by reason of provisions of s 99 of the Income Tax Act 1976 - Income Tax Act 1976, ss 10 and 99.
Equity — Assignment — Assignment of income — Effect of assignment of future property — Nature of proprietary interests in assets of accountancy partnership — Whether such interests capable of assignment in equity — Whether any equitable interest retained by assignor throughout time of assignment.
Partnership — Professional partnership — Accountancy firm — Nature of proprietary interests in assets of accountancy partnership — Whether such interests assignable in equity — Whether any equitable interest retained by assignor throughout time of assignment.
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