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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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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