Mike Ross Law Blog

Legal issues: Inside out

31 May 2018

Wynyard: Jackson v. Wynyard Group

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De-listed in May 2017, Wynyard Group shareholders look to share in a small surplus after the High Court ruled in favour of a $171 million c...
30 May 2018

Bankruptcy: re Foley

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Steve Foley and Diane Foley are bankrupt following the failure of their construction company Point to Point Holdings Ltd.  Mr Foley has bee...
29 May 2018

Fraud: Worldclear Ltd v. T1 Holdings Ltd

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After setting up a special purpose company to circumvent bank bans on facilitation of foreign exchange transfers, Hamilton-based Worldclear...

Asset Forfeiture: Commissioner of Police v. Ladbrook

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In court, genuinely surprised by police estimates of profits made from his cannabis dealings, Dirk James Ladbrook failed to prove a lower f...

Mortgagee in possession: re Livingspace Properties Ltd

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Livingspace liquidator Robert Walker alleges RFD Finance Ltd, associated with property developer David Henderson, improperly extracted exce...
23 May 2018

Name Suppression: Shepherd v. Police

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Facing charges of theft and deception with allegations she misappropriated $103,600 from CCS Disability Action, Toddy Shepherd failed in he...

Fraud: Harnett v. Social Development

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Two years four months jail following a $259,100 benefit fraud by David Earle Harnett was confirmed by the High Court. For nearly ten year...
22 May 2018

Directors: Finnigan v. Ellis

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Management of failed infant milk exporter Wenztro were ordered to pay all the company’s debts totalling $765,600 for what was described as ...
18 May 2018

Peer-to-peer Lending: Commerce Commission v. Harmoney

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Harmoney’s fixed ‘platform fee’ charged for peer-to-peer lending online is not brokerage but a credit fee, the High Court ruled in an indus...

Business Prohibition: re Henderson

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Discharged from bankruptcy subject to a court order prohibiting him from managing any business until the end of 2022, property developer Da...

Deception: Cooper v. R.

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Sneaking a signed bank withdrawal form for $70,000 off a lawyer’s file and then withdrawing the money amounted both to criminal deception a...

CBL: Reserve Bank v. CBL Insurance

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Political promises of consultation are often empty words: consult then ignore.  The Reserve Bank is flexing its regulatory muscle.  It take...
17 May 2018

Receivership: FM Custodians v. Hannan

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Sued by FM Custodians for debts totalling $803,800, Paddy Hannan defeated attempts to bankrupt him after attacking the manner in which his ...
16 May 2018

Capital + Merchant: Gibson v. Official Assignee

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Receivers of Capital + Merchant are suing Insolvency Service alleging it stuffed up the GST calculation on an $18.5 million out of court se...

Resource Management: Lau v. R.

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Sentenced to two months two weeks imprisonment after unlawfully clearing protected native trees off a building site, Augustine Lau has a lo...
15 May 2018

Asset Forfeiture: Commissioner of Police v. Vousden

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Acquitted of money-laundering charges, Allister Vousden acknowledged the fact of his involvement when negotiating an out-of-court settlemen...
11 May 2018

Fraud: Hansa Ltd v. Hibbs

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Convicted fraudster Paul Clifford Hibbs used stolen investor money to dabble in a Marlborough wine venture: Haldon Range Vineyards.  His in...

Insurance: Groen v. Southern Insurance

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Southern Response is resisting production of legal advice allegedly supporting its claim that a Christchurch red zone payout was made in go...
09 May 2018

Insurance: K Trust v. Collins

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Peter Collins has been ordered to pay over $530,000 after being held liable for fire damage to neighbouring properties at Port Underwood in...

Maori: Rotorua District v. Ngati Whakaue Endowment Trust

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Over six hectares of prime commercial property in downtown Rotorua transferred to Ngati Whakaue as part of their Treaty settlement are not ...

Company: Dold v. Murphy

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Nearly three decades of co-operation running charter cruises in the Bay of Islands, Fiji and Queensland comes to an end with Peter Murphy p...
08 May 2018

Gibbston Valley water: Tomanovich Holdings v. Gibbston Community

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Interests associated with former property developer David Henderson are fighting for control of the water supply to central Otago’s Gibbsto...

Media: GTV Holdings v. Delargey Trust

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‘Studied ambiguity’ underpinned last minute amendments to the $6.05 million sale in 2013 of reality television Greenstone TV clinching a sa...
07 May 2018

Fair Trading: McAlister v. Lai

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Being aware of financial arrangements for the $38 million purchase of Orcon in 2013 meant property lawyer Jeffrey Lai was by implication li...

Legal Costs: Inland Revenue v. New Orleans Hotel

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Litigants can no longer recover from the losing side legal costs for in-house lawyers representing them in court, the High Court ruled in a...
04 May 2018

Crown Land: Vogel v. Crown Lands

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With a decision that will resonate with Maori, the High Court ruled emotional attachment to land is a factor to be considered when selling ...
02 May 2018

Tax: Ling v. YL NZ Investment Ltd

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Onselling a Pukekohe property within months of purchase, Louise Ling was held liable to pay damages of $365,800 after GST status she declar...
30 April 2018

Contempt: Stuart v. Lightning Cleaning Services

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Luke Attard was briefly jailed and then ordered to pay $10,000 for contempt of court after failing to promptly release bank records as part...

Estate: Estate of Greenwood

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Estate executors Marilyn Simpson and Keith Greenwood were personally liable after selling their late father’s home to Marilyn’s son for les...
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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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