IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2023-485-152
[2023] NZHC 2748
UNDER the Judicial Review Procedure Act 2016 and Part 30 of the High Court Rules 2016 IN THE MATTER
of an application to review a decision of the Taxation Review Authority
BETWEEN
RAVINDER KAUR
Applicant
AND
THE TAXATION REVIEW AUTHORITY
First Respondent
COMMISSIONER OF INLAND REVENUE
Second Respondent
CIV-2022-485-795 IN THE MATTER
of an appeal under section 26A of the Taxation Review Authorities Act 1994
BETWEEN
RAVINDER KAUR
Appellant
AND
THE TAXATION REVIEW AUTHORITY
First Respondent
THE COMMISSIONER OF INLAND REVENUE
Second Respondent
Hearing: 7 September 2023 Appearances:
A B Darroch and M I Smol for Applicant/Appellant Appearance excused for First Respondent
E J Norris and R L Grierson for Second Respondent
Judgment:
29 September 2023
KAUR v THE TAXATION REVIEW AUTHORITY [2023] NZHC 2748 [29 September 2023]
JUDGMENT OF McQUEEN J
Table of Contents
Para Nos
Introduction [1]
Background [5]
The tax dispute [5]
The proceedings before the TRA [9]
The unless orders [15]
Strike out decision [22]
TRA decision about effect of unless orders [30]
Issues in the proceedings [31]
The appeal [31]
Application for judicial review [34]
Is the strike out decision a determination from which an appeal lies? [36]
Ms Kaur’s submissions [36]
The Commissioner’s submissions [38]
Discussion [39]
Conclusion [49]
The appeal [50]
Approach to appeal [50]
Relevant law [51]
Ms Kaur’s submissions [54]
The Commissioner’s submissions [61]
Discussion [67]
Relief [88]
The application for judicial review [90]
Result [91]
Costs [93]
Introduction
[1] Ms Kaur challenges the decision of the Taxation Review Authority (TRA) to strike out her claim against the Commissioner of Inland Revenue (the Commissioner) for non-compliance with unless orders (the decision).
[2] Ms Kaur sought initially to bring an appeal against the decision (CIV-2022- 485-793). Ms Kaur then filed an application for judicial review after the Commissioner indicated his position that there is no right of appeal from the decision (CIV-2023-485-152). The two proceedings rely on the same factual background and substantive arguments. On 28 April 2023, Radich J ordered that the proceedings were to be heard together and that is what has taken place before me.1
[3] The TRA abides the decision of the Court, and its counsel were excused from appearing. The Commissioner opposes both Ms Kaur’s appeal and application for judicial review.
[4] For the reasons that follow, I allow the appeal and dismiss the application for judicial review.
Background
The tax dispute
[5] In its key aspects, the factual background is not in dispute between the parties. An affidavit was filed in support of Ms Kaur’s appeal and application for judicial review from a Mr Lukey. Mr Lukey is a tax barrister who was engaged by Mr Draht of Greenland CA Ltd to act as counsel for Mr Kaur in relation to the claim before the TRA. An affidavit from a Mr Wallace was filed in support of the Commissioner’s position. Mr Wallace is…
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- Case
- [2023] NZHC 2748
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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