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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