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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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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