Ian David Penny and Gary John Hooper

[2010] NZSC 94

IN THE SUPREME COURT OF NEW ZEALAND

SC 62/2010
[2010] NZSC 94

BETWEENIAN DAVID PENNY AND GARY JOHN HOOPER
Appellants

ANDCOMMISSIONER OF INLAND REVENUE
Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:G J Harley for Appellant
D J Goddard QC and H W Ebersohn for Respondent

Judgment:2 August 2010 

JUDGMENT OF THE COURT

A        The application for leave to appeal is granted.

BThe approved ground is whether the Court of Appeal was right to find that the appellants had failed to establish that their use of their corporate and family trust structures did not constitute taxable arrangements for the purposes of s BG1 of the Income Tax Act 1994.

The above ground enables the appellants to present argument on all the issues set out in paragraph 28 of the application of leave.

Solicitors:
Alexander & Paull, Christchurch for Appellant
Crown Law Office, Wellington