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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About Me

Mike Ross
Mike Ross spent nearly thirty years teaching all aspects of commercial law to business students and almost as many years writing variously for The New Zealand Herald, The National Business Review and The Chartered Accountants' Journal. He authored two books on legal principles governing business reconstructions. Mike Ross holds degrees in both law and economics from the University of Auckland.
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