Mike Ross Law Blog
Legal issues: Inside out
27 May 2011
Financial adviser: Armitage v. Church
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Poor financial advice is not excused simply by having clients complete a risk profile questionnaire. Financial advisers are still obliged ...
19 May 2011
Maori: Haronga v. Waitangi Tribunal
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Individual hapu can have property rights which differ from iwi-wide claims. The Waitangi Tribunal has been told to exercise its statutory ...
11 May 2011
Share offers: Financial Markets Authority v. Carrington Securities
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Unsolicited mailshots to small shareholders in listed companies are misleading and deceptive where prominence given to the above-market offe...
10 May 2011
Lease: Ingram v. Patcroft Properties
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Acting one day too soon cost a landlord dearly. The tenant was entitled to $100,000 from the landlord for destroying its business and was ...
06 May 2011
Charities: Greenpeace
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While tax advantages flow from having charitable status, agitating for political change does not fit the legal definition of a charity – as ...
07 April 2011
Unclaimed money: Westpac v. CIR
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The Unclaimed Money Act applies to unpresented foreign currency drafts and bank cheques. Trading banks must hand over to Inland Revenue th...
06 April 2011
Fraud: Down v. R.
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White collar criminals are guilty of “using” a document to defraud when signing documents even if that person does not then physically perpe...
30 March 2011
Defamation: Siemer v. Stiassny
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In what is a record damages award for defamation, the Court of Appeal left untouched damages totalling $900,000 awarded in favour of well-kn...
29 March 2011
Blue Chip: Hickman v. Turn & Wave Ltd
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Blue Chip investors have been held to agreements for the purchase of Auckland inner city apartments. Any representations by sales staff t...
16 March 2011
Whitcoulls: re WGL Retail
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Creditors’ claims against Whitcoulls and other REDgroup companies have been frozen for an extended period after administrators claimed a lon...
04 March 2011
Nathans Finance: R. v. Hotchin
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John Lawrence Hotchin escaped a jail term after pleading guilty in a plea bargain prior to trial for securities offences in relation to fund...
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...
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