Mike Ross Law Blog

Legal issues: Inside out

22 March 2010

Leaky homes: 'Byron Avenue'

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Where Council inspectors have failed to pick up deficiencies during a building’s construction, a Council is liable for the cost of repair ev...

Leaky homes: 'Sunset Terraces'

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Council liability for leaky homes extends beyond standalone dwellings to include multi-unit apartments. Attempts by North Shore City to...
12 March 2010

Fair Trading: Red Eagle Corporation v. Ellis

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Having a reputation for good business judgment and integrity means liability follows for honest but misleading statements made without quali...
23 December 2009

Airports: McElroy v. Auckland Airport

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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

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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

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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

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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

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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

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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

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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

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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

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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...
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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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