Mike Ross Law Blog
Legal issues: Inside out
30 October 2009
Transport: Ports of Auckland v. Southpac
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Port companies are permitted to shelter under the statutory liability limits contained in transport legislation even when cargo is damaged b...
07 October 2009
Tax Avoidance: Westpac v. CIR
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Nine structured finance transactions involving funds totalling $4.36 billion engineered by Westpac Bank have been struck down by the High Co...
26 August 2009
Commerce Act: Astrazeneca v. Commerce Commission
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Pharmaceutical companies are given special exemptions from the general provisions of anti-trust law when dealing with Pharmac. The Commerc...
07 August 2009
Employment: Finau v. Atlas Specialty
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Employees cannot be forced to cover for striking colleagues, they must agree to taking on the work. The Court of Appeal ruled that Atlas S...
29 July 2009
Maori: Clarke v. Takamore
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Cross-cultural differences in “body snatching cases” pit rights of individual freedom against the collective decisions of tribal custom. ...
20 July 2009
Employment: McAlister v. Air NZ
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Discrimination on grounds of age can be applied to airline pilots, but employers must first make an effort to adjust scheduling to minimise ...
16 July 2009
Trademarks: Intellectual Reserve v. Sintes
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It looked like an unequal match: a sixty year old sole litigant arguing his own case in the Court of Appeal against the moneyed might of the...
15 July 2009
Tax avoidance: BNZ v. CIR
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The High Court has disallowed as tax avoidance a series of BNZ structured finance transactions described as tax machines having no commercia...
03 July 2009
Mortgage: Westpac v. Clark
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Westpac Bank learnt it had no security worth enforcing after it was the victim of a sophisticated fraud lending $180,000 to a con artist ma...
19 May 2009
Relationship Property: Rose v. Rose
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On separation, a wife was able to claim a substantial share of her husband’s business on the basis that her work around the home and her inc...
30 April 2009
Gift Duty: Begg v. Inland Revenue
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A deferred gifting programme used by Public Trust clients has survived attack by Inland Revenue in the Court of Appeal. The programme was...
09 April 2009
Maritime: Tasman Orient v. NZ China Clays
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Which insurance companies will have to bear insured maritime losses turn on whether reckless navigation increased losses after the Tasman Pi...
08 April 2009
Copyright: Tiny Intelligence v. Resport Ltd
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Ripping off merchandise sold to supporters of the Crusaders rugby team cost one entrepreneur $50,000 in payment of profits made. The Supre...
09 March 2009
Resource Management: Kawarau Jet v. Queenstown Lakes
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Kawarau Jet Services fought hard to prevent a competitor breaking its monopoly on tourist operations down the Kawarau River near Queenstow...
06 March 2009
Real Estate: Stevens v. Premium Real Estate
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Auckland real estate firm Premium Real Estate was ordered to pay $660,000 damages and refund commission of $67,000 for failing to tell its c...
25 February 2009
Resource Management: Progressive Ent v. Nth Shore City
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Resource management applications and appeals extending over nearly two decades in a commercial dispute between competing supermarkets added...
20 December 2008
Tax avoidance: Ben Nevis v. CIR (1)
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General tax avoidance provisions can be used to hammer taxpayers not party to the tax scheme but who enjoy the benefit, the Supreme Court e...
Tax avoidance: Ben Nevis v. CIR (2)
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Scalpel or sledgehammer? Judges in the Supreme Court are divided on how anti-avoidance rules in tax law should apply. While the general...
Business Reconstructions: Elders v. PGG Wrightson
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Company reconstructions using the court supervised Part 15 procedure risk legal challenges if there is a failure to fully disclose details ...
Maritime: Birkenfeld v. Kendall
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The judicial system does not operate to further personal crusades into maritime accidents once a wrong has been remedied. So ruled the Co...
Family finances: Busch v. Zion Wildlife
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Litigation is an expensive way to settle family arguments over money. The High Court recommended that Whangarei “Lion Man”, Craig Busch, ...
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