Issued
2014
Decision
14 Feb 2014
Appeal Status
No right of appeal

Supreme Court grants leave to appeal in PAYE trust case

2014 case note - Supreme Court granted leave to appeal Court of Appeal's decision in PAYE trust case – s 167(1), schedule 7 Companies Act, trust, liquidation.

Case
Jennings Roadfreight Limited (in liquidation) v Commissioner of Inland Revenue
Legal terms
Section 167(1), Schedule 7 of the Companies Act, trust, liquidation

Summary

The Supreme Court has granted leave to Jennings Roadfreight Limited (in liquidation) to appeal the decision of the Court of Appeal.

Facts

Jennings Roadfreight Limited (in liquidation) applied to the Supreme Court for leave to appeal the decision of the Court of Appeal, which overturned the decision of the High Court, and concluded after consideration of the legislative scheme and history and applicable case law that an established section 167(1) trust will not be extinguished upon liquidation (Commissioner of Inland Revenue v Jennings Roadfreight Limited (in liq) [2013] NZCA 455).

Decision

The Supreme Court granted leave to appeal.

The approved grounds for appeal are whether:

  1. the trust arising under section 167(1) of the Tax Administration Act 1994 continues in existence upon the liquidation of a company, in respect of funds held in the company's account; or
  2. the trust is extinguished upon the liquidation, so that the funds held are dealt with in accordance with Schedule 7 of the Companies Act 1993.

Tax Administration Act 1994