Marac Life Assurance Ltd v Commissioner of Inland Revenue

JurisdictionNew Zealand
Year1986
Date1986
CourtCourt of Appeal
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27 cases
  • Fuji Finance Inc. v Aetna Life Insurance Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 July 1996
    ...Companies and the Secretary of State relied on cases to which the Vice-Chancellor had not been referred namely, Marac Life Assurance Ltd v Commissioners of Inland Revenue (1986) 1 NZLR 694; NM Superannuation Pty Ltd v Young (1993) 113 ALR 39 and Jones v AMP Perpetual Trustee Co NZ (1994) 1 ......
  • R v Secretary of State for the Environment, Transport and the Regions and Another, ex parte. Spath Holme Ltd
    • United Kingdom
    • House of Lords
    • 7 December 2000
    ...confirmed by Ministerial statements in parliamentary debates. 91In that respect the present case is analogous to Marac Life Assurance Ltd. v. Commissioner of Inland Revenue [1986] 1 NZLR 694, cited in the discussion in Bennion on Statutory Interpretation, 3rd ed. (1997) 520-521. There an i......
  • Raftland Pty Ltd as Trustee of the Raftland Trust v Commissioner of Taxation
    • Australia
    • High Court
    • 22 May 2008
    ...a test for sham, whether ‘the [documents do] not reflect the true agreement between the parties’. Later still, in Marac Life Assurance Ltd v Commissioner of Inland Revenue, Richardson J emphasised that 108: ‘The true nature of a transaction can only be ascertained by careful consideration o......
  • INTELLIGENT MONEY LIMITED v THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS [2023] UKUT 00236 (TCC)
    • United Kingdom
    • Upper Tribunal (Tax and Chancery Chamber)
    • Invalid date
    ...LJ – relying on the decisions of the Court of Appeal in New Zealand in Marac Life Assurance Limited v Commissioner of Inland Revenue [1986] 1 NZLR 694 and the Federal Court of Australia in N M Superannuation Pty Limited v Young 113 ALR 39 – found that there was sufficient uncertainty in the......
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1 books & journal articles
  • Of 'sham' and other lessons for Australian revenue law.
    • Australia
    • Melbourne University Law Review Vol. 32 No. 3, December 2008
    • 1 December 2008
    ...above n 8, 241. (62) See above Part III. (63) (2007) 65 ATR 336, 342. (64) Marac Life Assurance Ltd v Commissioner of Inland Revenue [1986] 1 NZLR 694, 706. (65) Income Tax Assessment Act 1936 (Cth) s 260. (66) See, eg, Income Tax Assessment Act 1936 (Cth) s 100A. (67) Roads and Traffic Aut......

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