Mike Ross Law Blog
Legal issues: Inside out
19 November 2018
Injunction: Autoterminal NZ v. IBC Japan Ltd
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Autoterminal was refused an interim injunction blocking Hohua Hemi from supplying Japanese used car imports for 2 Cheap Cars, allegedly in ...
16 November 2018
CBL: Reserve Bank v. CBL Insurance Ltd
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CBL Insurance directors’ Peter Harris and Alistair Hutchison were described by Justice Courtney as lacking commercial probity, manipulating...
Lease: Annie Enterprises Ltd v. Cho
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Having Social Development as a motel’s sole customer using motel units to temporarily accommodate beneficiaries did not change the site’s u...
Blue Chip: Commercial Factors Ltd v. Meltzer
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Claims for payment on a Blue Chip litigation funding agreement by financier Terry Haydon failed. Allegations Blue Chip liquidators Meltzer...
15 November 2018
Mortgage: Mangawhai Property Ltd v. Chen Hong Co Ltd
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Waterstone Insolvency has the difficult task of unravelling fluid financing arrangements for a lifestyle subdivision at Hakaru between Kaiw...
Resource Management: R. v. Lau & Mao
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Augustine Lau’s two year’s imprisonment was upheld by the High Court for his multiple resource management and building offences committed o...
14 November 2018
Receivership: Fatupaito v. Harris
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Attempted use of receivership as leverage by property developer Gregory Olliver in an acrimonious relationship property dispute with his fo...
12 November 2018
Maori: Stafford v. Attorney General
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The extent to which Maori land reparation claims extend to resources owned by state-owned enterprises and other Crown entities is gaining m...
Contract Retentions: Bennett v. Ebert Construction
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Sold by politicians as protection for sub-contractors, changes to the Construction Contracts Act requiring contract retentions to be held ‘...
08 November 2018
Tax: van Uden v. Inland Revenue
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Despite personally owning no property in New Zealand and spending on average eight months a year at sea, China Navigation captain Gerardus ...
05 November 2018
Tax: Frucor Suntory v. Inland Revenue
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Inland Revenue’s claim that Frucor’s capital restructuring amounted to tax avoidance was dismissed by the High Court. Tax deductions totall...
01 November 2018
Tax: NRS Media Holdings v. Inland Revenue
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NRS Media Holdings won twice over; exempt foreign income totalling $3.67 million tumbled into the till while it was also able to claim expe...
31 October 2018
Asset Forfeiture: Commissioner of Police v. Cheah
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After pleading guilty to methamphetamine supply and sentenced to six year’s jail, Boon Hooi Cheah will have assets seized following a High ...
Partnership: Cochrane v. Guardian Trust
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While farmer Marcelyn Barnes prided herself on keeping family finances well recorded, her practice of mixing together business and personal...
30 October 2018
Fraud: Worldclear Ltd v. T1 Holdings Ltd
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Worldclear looks to have pinned down all but $720,000 of the $4.6 million former employee Richard Witham is alleged to have stolen when fle...
29 October 2018
Land: Taylor v. Small
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Three years after Geoff and Aria Small built equestrian facilities on their South Auckland lifestyle block, neighbours turned on them. The...
Liquidation: Harnish v. Whittfield
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Having purchased a fifty per cent stake in Whitford Properties Ltd at public auction enforcing a court judgment, Owen Harnish is suspicious...
Estate Costs: Gillibrand v. Swanepoel
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Chris Gillibrand’s legal action against his solicitor for allegedly not curtailing a ‘hopeless’ legal defence to claims from Bupa for $53,0...
26 October 2018
Petrol Pricing: Berry v. Petroleum Logistics Ltd
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It was commercially absurd to argue wholesaler Petroleum Logistics Ltd had agreed to charge Whitianga reseller Acme Fasteners the ex-Singap...
Relationship Property: Cossio v. Cossio
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After being twice-married to the same man with both marriages subsequently dissolved, Theresa Cossio was in court claiming a share of forme...
Director's Duties: Adtraction Marketing Ltd v. Ehrenfeld
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Sydney company director Gabriel Ehrenfeld barred by ASIC from managing any Australian corporation for five years from 2016 but not before h...
25 October 2018
Fraud: Grant v. R
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The Court of Appeal forced full disclosure of SkyCity’s recoveries from fraudster Tessa Fiona Grant before reducing her jail term to six ye...
Company: Latumbo v. Pacific Auto Carrier
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For over two decades Robert Stone and Hohua Hemi built up their business exporting used cars from Japan to New Zealand and other countries....
Insurance: Settlers Crescent Partnership v. IAG
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A speculative insurance claim by litigation funder Risk Worldwide New Zealand that commercial buildings in Christchurch could be destroyed ...
24 October 2018
Excise Duty: Parkes v. R.
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Vintners Stephen and Wendy Parkes were convicted of selling product in breach of the Customs and Excise Act after their Sentry Hill winery ...
Asset Forfeiture: Commissioner of Police v. Cho
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'Proceeds of crime’ confiscations extend to assets held overseas. Convicted for possession and sale of class C drugs, Allen Bryan Cho ...
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