Mike Ross Law Blog
Legal issues: Inside out
30 January 2020
Tax: Stan Semenoff Logging v. NZTA
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Stan Semenoff Logging Ltd’s Northland operation habitually overloaded its trucks. High Court evidence identified that some 11,700 out of 1...
29 January 2020
Maori: Kamo v. Conservation
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Increased tourism to the Chathams makes access to cultural sites commercially valuable. Claims to mana whenua do not create property right...
28 January 2020
Contract: Montgomerie v. Montgomerie
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One brother failed in his claim that repayment of a million dollar loan from his brother was frustrated because of difficulties in completi...
Franchise: Goria Jean's Coffees v. Daboko Ltd
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Straining basic tenets of contract law, Justice Gault accepted variations to a Gloria Jean’s Coffee franchise were enforceable despite oper...
17 January 2020
Land: McKenzie v. Mortimer
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Owners of adjoining cross-leased units on Auckland’s North Shore in dispute over parking arrangements and the refurbishment of one unit wer...
20 December 2019
Construction: Youssef v. Maiden
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An adjudicator’s Construction Act determination intended to settle a dispute over construction of a Northland house was quashed because of ...
19 December 2019
Conspiracy: Plumpton v. Terry
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Former UCFX Ltd employees: James Terry, Brent Colbert and Scott Maynard, were ordered to pay $681,200 damages for conspiracy after attempti...
18 December 2019
GST: Y&P NZ Ltd v. Wang
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Wrongly claiming GST had to be paid on a $2.43 million property deal is costing Auckland property company Y&P NZ Ltd $980 a day in inte...
17 December 2019
Asset Forfeiture: Commissioner of Police v. Lau & Chang
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Penalties totalling $1.4 million were imposed after Yat Ming Lau was sentenced to seven years imprisonment for illegally importing pseudoep...
16 December 2019
Fraud: Lal v. Worksafe
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Ten months home detention for Deepak Yogesh Lal after forging safety compliance certificates was confirmed by the High Court. In December...
Fraud: R. v. Keenan
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Former police officer Shaun Joseph Keenan is to serve at least half of a three year eight month fraud sentence before eligible for parole. ...
Asset Forfeiture: Commissioner of Police v. Nicholls
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Admitting to benefit fraud and dealing in cannabis, Richard James Nicholls and Sarah Michelle Nicholls agreed to pay $134,000 in a negotiat...
13 December 2019
Overseas Investment: Land Information v. FFG Investment Ltd
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Two property companies part-owned by Chinese offshore interests were ordered to pay fines totalling $123,000 after breaching the Overseas I...
Asset Forfeiture: Commissioner of Police v. Rowland & Zammit
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Convicted on seven charges of importation and supply of controlled drug N-ethylpentylone, Matthew Aaron Rowland surrendered assets to the v...
Real Estate: Wyatt v. Real Estate Agents Authority
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Unsuccessful in a complaint against Auckland real estate agent Barfoot and Thompson filed with the Real Estate Agents Disciplinary Committe...
12 December 2019
Mutual Wills: McNeish v. McArthur
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A promise to ‘honour your mother’s wishes’ was not enough to establish existence of mutual wills when stepchildren sued unsuccessfully to r...
06 December 2019
Land Title: Mau Whenua Inc v. Shelly Bay Investments
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Development economists point to lack of secure title to land as a common feature holding back economic growth in third world countries. At...
05 December 2019
Fraud: R. v. Demarco
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‘The greatest betrayal I have ever experienced:’ Sir Peter Jackson commenting on frauds perpetrated by former employee Eugene John DeMarco....
04 December 2019
Conspiracy: Moeke v. Raukawa Iwi Development
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What South Waikato District described as a ‘pre-emptive strike’ blocking the Tokoroa purchase of a potential Head Hunters’ ‘gang pad’ saw C...
Bloodstock: Harris v. Berkley Stud
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With a seventy per cent interest sold to Cambridge Stud in 2018 for $2.1 million, stallion Highly Recommended stands at the centre of a l...
Banking: NZ Association of Credit Unions v. Finzsoft
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Facing a rupture to online banking facilities after Credit Union Baywide moved to consolidate control, Co-op Money NZ had the High Court bl...
03 December 2019
Yarrow v. Westpac
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Paul Yarrow’s 2017 bankruptcy on a $14.8 million Westpac guarantee was confirmed by the Court of Appeal. In successive claims, Mr Yarrow a...
27 November 2019
Accident Compensation: Hamlton v. ACC
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Accident Compensation needs to reconsider weekly compensation payments due an Auckland hairdresser after the High Court overruled repayment...
20 November 2019
Land: Koro Pue Whanau Trust v. Tapatu
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After issuing trespass notices and calling for police assistance over an eight year period, all to no avail, owners of Taranaki Maori freeh...
12 November 2019
Shop Vouchers: Commerce Commission v. Home Direct
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Unless there is a countervailing customer benefit, retail vouchers which cannot be exchanged for cash or which expire after twelve months a...
11 November 2019
Bankruptcy: Yoonwoo C&C Development v. Huh
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Chased to New Zealand on debts allegedly arising from his failed Korean construction company, Jae Ho Huh hid from pursuers appearing in cou...
Insurance: Frucor v. Blumberg
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Insurance industry tactics of ‘deny, delay and dispute’ saw the Court of Appeal sharply criticise industry attempts to run out of town star...
08 November 2019
Unsolicited Emails: Internal Affairs v. NZ Trustees Association
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Errol Anderson, founding trustee and former registrar of NZ Trustees Association, was ordered to pay $8000 and the Association itself pay $...
07 November 2019
Asset Forfeiture: Commissioner of Police v. D'Esposito
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Fines in excess of one million dollars imposed for breaches of the Fisheries Act were followed with proceeds of crime penalties totalling $...
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