Mike Ross Law Blog
Legal issues: Inside out
31 July 2019
Employment: Lewis v. JP Morgan Chase
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Former JP Morgan Chase CEO Rob Lewis’ $498,000 claim alleging injurious falsehood and negligent misstatement was dismissed by the High Cour...
30 July 2019
Family Trust: Lai v. Huang
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Living rent-free on land owned by a family trust and growing produce for her own use and roadside sale did not give Sophie Lai any right to...
Insurance: Corbett v. Vero Insurance
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Vero’s exclusion clause in a construction-works insurance policy denying liability for defective workmanship did not exclude damage to wind...
Construction Contracts: Moorhouse Panel & Spray Ltd v. Energy Saving Company Ltd
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Technical deficiencies in ‘pay now argue later’ Construction Contracts Act payment claims do not invalidate payment demands, but gross over...
Undue Influence: Estate Wilbur Surridge
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Businessman Lofty Surridge died in December 2016 leaving an estate valued at some $8.6 million. Daughter Anne on one side and son Paul wit...
26 July 2019
Freezing Order: Smith Mitchell Ltd v. Bradley
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Te Kuiti accounting firm Smith Mitchell had a freezing order imposed over assets owned by former employee Sharon Bradley after allegations ...
23 July 2019
Bankruptcy: Official Assignee v. ASB
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Insolvency Service is chasing down bankrupts using other people’s bank accounts to hide income which should be disclosed. When demanded, ba...
Deceit: Ellice v. Stallard
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Shane Ray Stallard duped Glenfield acquaintance Lynda Ellice out of her $500,000 lotto winnings claiming he was seriously ill with cancer, ...
22 July 2019
Environment: re Paddy Hannan Contracting Ltd
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Companies controlled by contractor Paddy Hannan are in liquidation with liquidators looking to recover from Mr Hannan personally costs of d...
Caveat: Chen v. Sanctuary Developments
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With the first of its planned ninety residential apartments on the market, Auckland’s International on Princes Street is in court trying to...
19 July 2019
Unit Titles: Singh v. Boutique Body Corporates Ltd
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Body corporate managers owe no general legal duties to individual apartment owners. If they have stuffed up, it is for the body corporate ...
Fraud: FMA v. Financial Planning Ltd
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Allegations that up to eight million dollars are missing led Financial Markets Authority to freeze accounts controlled by Dunedin financial...
18 July 2019
Arrest: Maori Trustee v. Smith
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Maori Trustee has taken possession of disputed land at Rautawhiri Station near Gisborne following the arrests of occupiers Bruce Smith, Rub...
Company: re Vey Group Ltd
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A Companies Act compulsory buy-out for minority shareholders in Wellington property company Vey Group Ltd was ordered by the High Court fol...
17 July 2019
Reckless Trading: Esko Group v. Eskdale
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William Robert Eskdale and Michael William Eskdale, directors of insolvent Northland freight-forwarder Esko Group Ltd, were held jointly li...
10 July 2019
Fraud: Chen & Jiang v. R.
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Sentences imposed on lawyer Gang Chen and bank employee Zongliang Jiang for their part in a $54 million dollar mortgage fraud were upheld o...
Tonga: Hawaiki Submarine Cable v. Kingdom of Tonga
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Tongan government is being sued in New Zealand for $US1.4 million remaining unpaid after linking to the Pacific-wide Hawaiki submarine cabl...
08 July 2019
Accident Compensation: Trevarthen v. ACC
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Deanna Trevarthen died aged 45, thirteen months after being diagnosed with mesothelioma, a fatal cancer caused by exposure to asbestos. De...
03 July 2019
Insurance: Xu v. IAG Insurance
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Split 3:2, the Supreme Court denied Ruiren Xu’s claim demanding IAG Insurance pay replacement cost on an earthquake-damaged Christchurch pr...
02 July 2019
Memelink: Lynx Trustees Ltd v. Body Corporate 68792
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Lynx Trustees Ltd, associated with frequent Wellington litigant Harry Memelink, faces liquidation if it fails to pay $289,000 owed the body...
26 June 2019
Hawkins: Education v. McConnell Ltd
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McConnell Ltd has to pay Ministry of Education $1.1 million as a contribution towards government legal costs in its ‘leaky building’ claim ...
25 June 2019
Fraud: R. v. Ho & Christie
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Fictitious trade transactions were concocted by Siu Shun Ho and Christopher John Christie in a ‘money-go-round’ defrauding ANZ bank to get ...
24 June 2019
Swaps: Bushline Trustees v. ANZ
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ANZ Bank faced heavy criticism over its miss-selling of swap contracts to farmers, with the Court of Appeal overriding disclaimer clauses w...
21 June 2019
Construction: Oceania Football v. Engineered Solutions
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FIFA’s Oceania federation was ordered to pay $411,900 due on construction of its Auckland-based training facility while alleging the constr...
Freezing Order: Mudjaya Corporation v. Chua
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Michael Chua Khian Keng, sometime motor racing enthusiast based in Palmerston North, is alleged to have embezzled $26.5 million from Malays...
20 June 2019
Price Fixing: Commerce Commission v. GEA Milfos
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High Court approved an agreed Commerce Commission settlement having dairy technology firm GEA Milfos pay a $825,000 fine for fixing prices ...
19 June 2019
Fiduciary Duty: Moanaroa v. Ruwhiu
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Ordered to pay $545,000 compensation, Vernon Ruwhiu had promised to manage Takangaroa Moanaroa’s retirement savings. Instead, he used her ...
Contract: M2 NZ Ltd v. The Phone Company
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It all turned on placement of a comma. Was The Phone Company entitled to a one per cent commission in perpetuity on all telco M2’s net rece...
Property: Jacks Point Village v. Long Capital Holdings
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Chinese investor Long Capital Holdings forfeited deposits totalling $2.61 million after pulling the plug on plans to build part of Queensto...
Estate: re Vugler
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A $190,000 gift made eighteen months before death was treated as an advance on a daughter’s legacy, deducted from her share as a beneficiar...
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