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Court of Appeal Wellington
CA553/2011; [2013] NZCA 357
27 March; 9 August 2013
Arnold, Stevens and White JJ
CA553/2011; [2013] NZCA 357
27 March; 9 August 2013
Arnold, Stevens and White JJ
Company law — Liquidation — Whether funds accounts receivable — Whether security interest took priority over preferred creditor — Whether liquidators entitled to funds held — “Accounts receivable” — Personal Property Securities Act 1999, s 16.
Equity — Unconscionable conduct — Whether equity prevailed over legal rights — Mistaken payment of refund of tax when taxpayer had offsetting debt — Whether liquidators bound to repay refund — Whether mistake disentitled applicant from relief.
Revenue — Goods and Services Tax — Mistaken payment of refund by IRD when taxpayer had offsetting debt — Whether liquidators could retain refund.