Mike Ross Law Blog

Legal issues: Inside out

27 May 2011

Financial adviser: Armitage v. Church

›
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

›
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

›
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

›
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

›
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

›
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.

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
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

›
Local councils bear no responsibility for leaky homes when developers choose to use independent building certifiers rather than paying for a...
‹
›
Home
View web version

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.
View my complete profile
Powered by Blogger.