Westpac Banking Corporation v Cir

[2009] NZSC 124

IN THE SUPREME COURT OF NEW ZEALAND

SC 83/2009
[2009] NZSC 124

BETWEENWESTPAC BANKING CORPORATION
First Appellant

ANDBANK OF NEW ZEALAND
Second Appellant

ANDANZ NATIONAL BANK LIMITED
Third Appellant

ANDCOMMISSIONER OF INLAND REVENUE
Respondent

Court:Tipping and McGrath JJ

Counsel:J S Kos QC, J D Every-Palmer and A A O'Rourke for Appellants
D J Goddard QC and H L Dempster for Respondent

Judgment:4 December 2009 

JUDGMENT OF THE COURT

A        The application for leave to appeal is granted.

B         The approved ground is:

(i)Where a foreign currency draft or bank cheque is not presented for a period of six years after its purchase from the drawer bank, is the sum for which the draft or bank cheque is drawn unclaimed money for the purposes of the Unclaimed Money Act 1971?

Solicitors:
Russell McVeagh, Wellington for Appellants
Crown Law Office, Wellington for Respondent