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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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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