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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