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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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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