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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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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