Mike Ross Law Blog
Legal issues: Inside out
25 March 2020
Construction Contracts: Poly Wealth Trustee Ltd v. van Vlerken
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Enforcing a Construction Contracts Act payment claim stalled because the claim form omitted details required by the Act. It was irrelevant ...
Memelink: Memelink v. Collins & May Law
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Refusing permission to appeal his bankruptcy nearly one year out of time, the Court of Appeal described Harry Memelink as a debtor whose m...
24 March 2020
Environment: Cowley v. R.
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Angered by council resource management procedures, Peter Cowley pruned a Moreton Bay fig overhanging his daughter’s property in the New Ply...
23 March 2020
Joint Venture: Luo v. Shiu
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Just south of Auckland City boundary, Pokeno has mushroomed in size with a frenzy of residential construction. Looking to profit, Annie Shi...
Monopoly: Commerce Commission v. Aurora Energy
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Aurora Energy was fined $4.9 million for persistent power outages in its Otago distribution area after poor maintenance and deferred capita...
20 March 2020
Relationship Property: B. v. A
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The Family Court overturned as ‘unfair’ a relationship property agreement giving the husband a token 0.05 per cent share of the family home...
18 March 2020
Relationship Property: Zhao v. He
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Undocumented money transfers totalling $1.6 million benefitting Chongming Zhao were treated as relationship property by the High Court to b...
Guarantee: Primary Services New Zealand Ltd v. Fonagy
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Property developer Andrew Fonagy was ordered to pay $850,000 on his guarantee of funding for a central Christchurch hotel project. Nervous...
13 March 2020
Motor Racing: Taupo Car Club v. TMP Ltd
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Legacy rights for use of Taupo’s Bruce McLaren Motor Sport Park have boiled over with Taupo Car Club disputing a fifty dollar charge per ca...
Finance: Low v. Du
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Having used a tradesman as front to finance property developments, Lenotre Low was required to compensate him when demanding an Auckland pr...
Wine Fraud: R. v. Southern Boundary Wines
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Management of Southern Boundary Wines deliberately mislabelled wine, pressured employees to carry out the fraud and bad-mouthed the whistle...
12 March 2020
Malicious Prosecution: Burgess v. Beaven
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Bankrupted in 2017 after over a decade of relationship property litigation, Gary Owen Burgess failed in his High Court request for approval...
11 March 2020
Fraud: Wood v. R.
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By voluntarily blowing the whistle and quickly pleading guilty to Serious Fraud Office charges, foreign exchange trader Kelvin Clive Wood w...
10 March 2020
Family Company: Kelly v. Kelly Construction Ltd
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William and Valerie Kelly are majority shareholders in their family company, Kelly Construction. Their two sons sued in the High Court to ...
Phoenix Company: Inland Revenue v. Clooney Restaurant Ltd
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Clooney restaurant owner Tony Stewart was ordered to pay Inland Revenue $585,200 after setting up a ‘phoenix company’ to stay in business w...
09 March 2020
Bankruptcy: Haines v. Memelink
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Notorious Wellington debtor Harry Memelink has been bankrupted whilst currently bankrupt. Concurrent bankruptcies are seldom seen. Mr M...
Gift: Hurlimann v. Noland
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Early in their relationship he said he would never make a claim against her house, the matrimonial home from her previous marriage. Over f...
Ebert Construction: Shephard v. Wakefield Plant Ltd
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With Ebert Construction unsecured creditors owed $123 million, liquidators failed in their $2.04 million claim against related company Wake...
05 March 2020
Finance: Lu v. Industrial & Commercial Bank of China
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After defaulting on a $2.9 million residential loan, Chinese investor Qiufen Lu unsuccessfully asked the High Court to block legal action t...
Estate: Hall v. Radich-Chaytor
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Anthony Chaytor died in 2018 aged 84 having married four years earlier a woman twelve years younger, this after a lifetime as a bachelor. ...
03 March 2020
Wendy's: re Cone Enterprises Ltd
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After losing control of Wendy’s master franchise for New Zealand, Chang Xi is on the hook for $5.5 million. This followed Mr Xi’s failed a...
Fraud: First NZ Properties v. Barnes
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His address on the public register is Ruby Bay, Nelson. Neil Allan Barnes is currently overseas in no hurry to return after being ordered ...
02 March 2020
Bankruptcy: Official Assignee v. McCreath
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Bankrupt for the fourth time, Mark Anthony McCreath’s discharge from bankruptcy was extended to July 2023, banning him from involvement in ...
28 February 2020
GST: Police v. Pure
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Goods he shoplifted were not selected on price alone, but the maximum penalty for theft varied from seven years to one year depending upon ...
Tax Evasion: R. v. Chahil & Gupta
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Tax evasion by Masala restaurant chain included money laundering. Rupindar Singh Chahil was fined $50,000 and sentenced to three years two...
Insolvency: Attractum Ltd v. Chapman
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Seeking to keep up appearances in the face of their failing business, the Chapmans claimed a Toyota Landcruiser was their own personal prop...
Real Estate: Prasad v. Real Estate Agents Authority
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Indra Prasad’s licence to sell real estate was cancelled after she failed to tell potential purchasers that part of road frontage on a sout...
Tax: Rathmore Properties Ltd v. Hawk Packaging Ltd
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Hastings based Hawk Packaging was ordered into liquidation by the High Court with special conditions; liquidation is to sit dormant for thr...
Contract: Croser v. Focus Genetics
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Resolution of what started as a multi-million dollar dispute between Landcorp and South Australian sheep breeders Damien and Kirsten Croser...
27 February 2020
Caveat: Keemati Ltd v. QNZ Ltd
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While directors argued about the effect of restructuring their south Auckland property development company, a caveat lodged over company la...
Liquor Licensing: Woolworths v. Liquor Licensing Authority
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Licensing Authority attempts to stop liquor sales by Auckland supermarkets after 9.00 pm were struck down in the High Court. Unquestioning...
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