Mike Ross Law Blog

Legal issues: Inside out

02 September 2011

Earthquake Insurance: EQC v. Insurance Council

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Losses following the Canterbury earthquakes have been shifted from the private sector to the Earthquake Commission following a High Court ru...

Nathans Finance: R. v. Moses, Doolan & Young

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Two directors of Nathans Finance have been jailed for their part in the company’s failure; two others received home detention. Just over on...
29 August 2011

Leaky Homes: Tisch v. Body Corporate 318596

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Proposals which force owners in leaky apartments to pay over the odds for water damage to other owners’ apartments do not find favour with t...
24 August 2011

Tax avoidance: Penny & Hooper v. CIR

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Artificially low salaries having the effect of diverting taxable income to other taxpayers on a lower marginal tax rate will be hit as tax a...
16 August 2011

Money laundering: Westpac v. MAP Associates

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While banks might have legitimate concerns about liability for assisting money laundering, they are not entitled to block money transfers u...
22 July 2011

Export Sales: Smallmon v. Transport Sales

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Exporters selling into Australia are not directly responsible for ensuring goods comply with Australian regulations. A Queensland buyer ...
12 July 2011

Bridgecorp: R. v. Petricevic

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There is no injustice in having to do without a lawyer in a criminal trial. Rodney Michael Petricevic, charged with criminal offences foll...
08 July 2011

Nathans Finance: R. v. Moses & others

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Directors of Nathan Finance have been convicted of misleading the public about the company’s financial position when they failed to disclose...
03 June 2011

Bridgecorp: Petricevic v. Legal Services Agency

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The family trust of bankrupt Bridgecorp director, Rodney Michael Petricevic, had a net worth of $5.2 million dollars as at March 2009 accord...
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...
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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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