Mike Ross Law Blog

Legal issues: Inside out

27 August 2010

Bridgecorp: Davidson v. Registrar of Companies

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The High Court ruled that directors of a finance company must have some degree of financial literacy as it upheld a two and half year prohi...

Pollution: Thurston v. Manawatu-Wanganui Regional Council

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Described as polluting for profit, a landowner was fined nearly $175,000 after pouring industrial waste into a local river. This after sig...
03 August 2010

Leaky homes: Auckland City v. McNamara

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Local councils bear no responsibility for leaky homes when developers choose to use independent building certifiers rather than paying for a...
04 June 2010

Tax Avoidance: CIR v. Penny

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Orthopaedic surgeons use of family trusts to transfer profits to family members has been ruled tax avoidance by the Court of Appeal. By ex...
17 May 2010

Employment: Air Nelson v. NZ Amalgamated Engineering

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Having a work pattern of contract staff doing line maintenance on aircraft in conjunction with employees saved Air Nelson from allegations o...
11 May 2010

Insurance: Ludgater Hldgs v. Gerling

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New Zealand rules allowing insurance claims directly against the policy when the insured is insolvent cannot be used where the insolvent co...
06 May 2010

Blue Chip: Bartle v. GE Custodian

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Blue Chip loan agreements entered into by Mr & Mrs Bartles, a retired Whangarei couple, have been ruled oppressive by the Court of Appea...
28 April 2010

Real Estate: Property Ventures v. Regalwood Hldgs

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The shortcut summary judgment procedure used to enforce fixed sum contracts cannot be used for property transactions where the vendor is in ...
16 April 2010

Price Fixing: Poynter v. Commerce Commission

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An Australian manager of the Fernz Group has been removed by the Supreme Court from price-fixing litigation brought by the Commerce Commissi...

Mortgage: Totara Investments v. Crismac

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Further fallout from the Digi-Tech tax scheme has left a financier high and dry. A financier could not use a power of attorney clause in m...

Maritime: Tasman Orient v. NZ China Clays

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While the ship captain’s behaviour was described as “outrageous”, insurers of the Tasman Pioneer were held not liable for cargo losses follo...
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...
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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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