Mike Ross Law Blog
Legal issues: Inside out
29 May 2020
Supply Chain: Adama New Zealand v. Raam Chem
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Nelson agrichemical supplier Adama paid thirteen million dollars compensation following crop damage to apples caused by contaminated fungic...
28 May 2020
Family Trust: Ruocco v. Ruocco
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Putting fishing ITQ into a family trust was easy, getting out caused heartbreak and heavy legal expenses as Wellington’s Ruocco family foun...
Land Subdivision: Northwest Developments v. Zhang
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Having agreed collaboration with a neighbouring developer to complete infrastructure works for a Special Housing Area development in west A...
26 May 2020
Fraud: Malapaka v. Police
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Potential deportation was not grounds for India national Krishna Malapaka being discharged without conviction following thefts from credit ...
Insolvency: re Brown
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Marketing meets law: related party debt was used as a teaser to get creditors onside in an Insolvency Act part-payment scheme offering cred...
25 May 2020
Scene One: Gibson v. Kupe Trustee Company Ltd
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Scene One apartment owners on leasehold land in central Auckland failed in their bid to force $35 million remediation costs on to managemen...
Land Subdivision: Xie v. 126 Waimumu Ltd
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Seeking to enforce a claimed ten per cent interest in a west Auckland property development, it was not clear whether Chunhong Xie was part-...
21 May 2020
Corruption: R. v. Chand
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Sunil Chand was sentenced to six months night time curfew for paying a backhander to an Auckland City employee corruptly pushing office sup...
20 May 2020
Relationship Property: Brown v. Akulinin
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Finding that the facts supposedly supporting a one-sided relationship property agreement between a couple married in Russia appeared contra...
19 May 2020
Quantum Meruit: Tervoert v. Scobie
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After six years unpaid part-time work on the Scobie family farm in Taranaki, daughter Jan-Marie was awarded $163,500 but could not claim th...
Justice: Faloon v. Planning Tribunal
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Access to justice is a human right, but there are limits said the Court of Appeal when facing yet another court hearing in a line of sixty ...
Bankruptcy: Wilson v. Biomex Trustees
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Owing some $478,000, part of on an agreed out of court settlement in litigation over Biomex’s Marlborough Sounds mussel farming operation, ...
15 May 2020
Accident Compensation: McKee v. Worksafe
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Worksafe attempts to lever greater earnings related compensation for accident victims through Health and Safety prosecutions were knocked b...
14 May 2020
Fraud: Avon Parnell Ltd v. Basecorp Finance Ltd
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Gulled by an apparent fraud, Basecorp Finance is turning on its head the company law ‘indoor management’ rule seeking to enforce a million ...
13 May 2020
Debt Factoring: Fabri-Cell International v. Avanti Finance
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Chaos followed in the wake of Bimlesh Ram, an entrepreneur described as having ‘a spotty business record.’ A debt factoring contract was v...
Zespri: Shanghai Neuhof Trade v. Zespri
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With legal costs in excess of $2.5 million after facing down now abandoned legal action over unpaid Chinese import duties, Zespri Internati...
12 May 2020
Corruption: R. v. Rasila
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Former Auckland City employee Sundeep Kilip Rasila was sentenced to five and a half months home detention for corruption after giving a fri...
11 May 2020
Bequest: Unkovich v. Clapham
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Bowing to demands by niece Lara Unkovich that a $65,000 bequest from of her late grandfather’s estate be paid out early to support a tennis...
Trademark: Fokker Brothers Inc v. Fokker Brothers
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High profile restauranteur Leo Molloy failed in attempts to use trademark law’s ‘use it or lose it’ rules in a backdoor attempt to prise th...
08 May 2020
Breach of Trust: re Estate Raymond Smith
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Used by long time friend Raymond Smith as a foil to hide property development profits from Inland Revenue and also to hide assets from his ...
07 May 2020
Sale of Land: Auton v. Auton
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While parents had gone a long way in supporting a son with personal and mental health issues, the High Court ruled his mother did not have ...
06 May 2020
Construction: Electrix Ltd v. Fletcher Construction Ltd
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Fletcher Construction was ordered to pay contractor Electrix an extra $7.4 million dollars, the consequences of Fletcher’s mismanagement of...
29 April 2020
Family Trust: Percy v. Percy
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Beneficiaries of Percy Family Trust which is part owner of the Hawkes Bay farm where Shilo Stud breeds Santa Gertrudis cattle allege brothe...
24 April 2020
Insolvency Practitioners: Tempest Litigation v. Davies
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Machinery is now in place to force compulsory licensing of insolvency specialists and the back biting is starting. The High Court dismissed...
20 April 2020
Business Sale: Do Yay Ltd v. Wei
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CafĂ© Brioche formerly trading at Takapuna on Auckland’s North Shore was ordered to pay $272,500 damages for misrepresenting turnover when s...
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