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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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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