Mike Ross Law Blog
Legal issues: Inside out
18 February 2011
Discrimination: Smith v. Air NZ
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Service industries are permitted to discriminate against customers with special needs where it is not reasonable to provide the service with...
16 February 2011
Minimum wage: Idea Services v. Dickson
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Service industries will be re-doing their sums after a Court of Appeal ruling that staff on call overnight are entitled to at least the mini...
21 December 2010
Hanover: Securities Commission v. Hotchin
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Exercising its new powers to make pre-emptive strikes, the Securities Commission has gained a court order freezing the New Zealand assets of...
17 December 2010
Leaky homes: North Shore City v. Sunset & Byron
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Local councils must accept responsibility for negligent inspection of leaky homes, ruled the Supreme Court. North Shore City, now part of ...
13 December 2010
Share valuation: Fong v. Wong
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Company directors purchase of shares from other shareholders are required to be at “fair value”. A discount to the price may be appropriat...
03 December 2010
Blue Chip: GE Custodians v. Bartle
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Just because a commercial transaction runs at loss doesn’t mean that it is an “oppressive” transaction justifying court intervention. And ...
12 October 2010
Bankruptcy: Williams v. Simpson
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First use of legislation enacting cross-border insolvency rules shows you can run but not hide: a Lloyd’s name bankrupted in England has be...
02 September 2010
Receivership: Low v. Body Corporate 384911
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Receivership of Lighter Quay, the company leasing Auckland waterfront property to Westin Hotel, resulted in an arm wrestle for control of i...
01 September 2010
Telecoms: Commerce Commission v. Telecom
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Telecom holds a dominant position in the telecommunications industry, but it is allowed to fight its corner as fiercely as any other telecom...
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...
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