IN THE Supreme court OF new Zealand	
SC 33/2013
[2013] NZSC 66	

BETWEEN	
ALESCO NEW ZEALAND LIMITED
First Applicant

PARBURY BUILDING PRODUCTS (NZ) LIMITED
Second Applicant

THERMO FISHER SCIENTIFIC NEW ZEALAND LIMITED
Third Applicant

ALESCO NZ TRUSTEE LIMITED
Fourth Applicant

CONCRETE PLUS LIMITED
Fifth Applicant	

AND	
COMMISSIONER OF INLAND REVENUE
Respondent	

     	
     	

Court:	
McGrath, William Young and Arnold JJ	

Counsel:	
L McKay, R G Simpson and M McKay for Applicants
B W F Brown QC and R L Roff for Respondent	

Judgment:	
9 July 2013	

JUDGMENT OF THE COURT

A	Leave to appeal is granted.

B	The approved grounds of appeal are whether, in light of the principles laid down by this Court in Ben Nevis Forestry Ventures Ltd v Commissioner of Inland Revenue and other cases on tax avoidance:

(i)	the structure used by the applicants for funding the transactions is a tax avoidance arrangement;

(ii)	the Commissioner’s application of shortfall penalties was a proper exercise of the relevant statutory powers;

(iii)	the Commissioner’s reassessments were a proper exercise of the relevant statutory powers.

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Solicitors: 
Bell Gully, Auckland for Applicants
Crown Law Office, Wellington for Respondent