Mike Ross Law Blog
Legal issues: Inside out
23 December 2009
Airports: McElroy v. Auckland Airport
›
Widely viewed as a retail park with airport attached, Auckland International Airport expansion has been protected by a Court of Appeal rulin...
18 December 2009
Resource Management: Central Plains Water v. Ashburton Water
›
With shades of goldminers racing to be first to stake a claim, the Court of Appeal has ruled the first to file a complete application for w...
Class Action: Saunders v. Houghton
›
For 800 investors bringing a class action following complaints about the 2004 Feltex float, it is going to be a long haul before they see an...
11 December 2009
Maori: Paki v. Attorney-General
›
Using legal concepts of relational good faith should be to the fore in dealing with historical Treaty grievances, suggests the Court of Appe...
08 December 2009
Relationship Property: Ward v. Ward
›
With the wisdom of Solomon, the courts have split a family trust in two to accommodate a marriage split and to settle disputes between a for...
04 December 2009
Retirement: Cashmere Capital v. Carroll
›
Christchurch retirement village residents found their rights of occupation were worthless when the owner failed to properly bring them unde...
02 December 2009
Telecoms: Vodafone v. Telecom
›
The Kiwi share created when Telecom was privatised is annoying Telecom’s competitors. They are obliged to contribute each year to Telecom’...
27 November 2009
Retirement: Jackson Mews v. Menere
›
Residents of a Petone retirement village failed in their attempt to escape a 99 year service agreement. A charge registered against their ...
30 October 2009
Transport: Ports of Auckland v. Southpac
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
Kawarau Jet Services fought hard to prevent a competitor breaking its monopoly on tourist operations down the Kawarau River near Queenstow...
‹
›
Home
View web version