Mike Ross Law Blog
Legal issues: Inside out
17 November 2020
Reckless Trading: Watts & Hughes v. Biala
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Angry that it was the only outside creditor not paid in full, construction company Watts & Hughes took over from liquidator of Christchu...
Class Actions: Southern Response v. Ross
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With legislation clarifying class actions making little progress since 2008, Supreme Court stepped in allowing flexible use of High Court pr...
12 November 2020
Shotcrete: Tira v. McLay
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Construction company Shotcrete (Auckland) is in liquidation with police assistance sought to recover company equipment forcibly removed to B...
Legal Highs: re Bionutrient Customs Ltd
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Christchurch businessman Evan Stewart transferred $3.1 million to Australia over a twelve month period; cash generated from sale of legal hi...
11 November 2020
Misrepresentation: Anderson v. de Marco
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Convicted fraudster Eugene de Marco was ordered to return a $120,000 deposit paid on a $1.2 million cancelled sale of his Wellington three-l...
Corrections: Corrections v. Decmil Construction
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Corrections problematic ‘rapid deployment’ of modular prison cells agreed with Decmil Construction in 2017 winds its way through the courts....
10 November 2020
Distributorship: Sky Scrapers v. Zoono
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Dubai distributor Sky Scrapers claims $US3.6 damages alleging Auckland company Zoono stopped supplying sanitiser when covid-19 spread, inste...
09 November 2020
Corporate Criminal Liability: Commerce Commission v. Steel & Tube
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Increased penalties for regulatory offences led to a Court of Appeal review of sentencing rules for corporate offenders. Harshness of fines...
06 November 2020
Drug Dealing Profits: Commissioner of Police v. Wisely
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Street prices for meth at seventy times the price for same quantity of cannabis were quoted by police getting High Court approval for a forc...
29 October 2020
Family Trust: Enright v. Enright
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Unaware they were beneficiaries of their father’s family trust, estranged children of the late Jack Enright were entitled to a share of Duns...
Due Diligence: Melco Property Holdings v. Hall
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Black Diamond Technologies’ neighbour on Parliament Street in Lower Hutt was under no obligation to extend time for due diligence on a $1.5 ...
Guarantee: Carters v. Cancian
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Danny Cancian, director of failed Tauranga builder Bella Vista Homes Ltd, was ordered to pay Carters $1.078 million on his guarantee of buil...
23 October 2020
Asset Forfeiture: Commissioner of Police v. Harrieder & Hamilton
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Overseas tourists’ plans to finance their holiday around New Zealand with profits from drug dealing came unstuck when Sven Stephen Harrieder...
13 October 2020
Memelink: Body Corporate 68792 v. Memelink
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Notorious Wellington debtor Harry Memelink, now bankrupt, remains trustee of a family trust owning commercial units on Hutt Road/Wakefield S...
08 October 2020
GST: Inland Revenue v. Pootinun
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Inland Revenue dismissed as forgeries contractors’ invoices supplied by Surasak Pootinun to support his GST claim when bankrupting him on ta...
Guarantee: Gill & Jammal v. Northland Region
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Required to pay $860,580, Harkirat Gill and Maher Jammal challenged their guarantee of a Northland Regional Council loan for a Marsden Point...
07 October 2020
Lawyer's Conflict of Interest: Hong v. Auckland Standards Cttee
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Auckland lawyer Boon Gunn Hong was refused leave to appeal his striking off for what was described as disgraceful, unprincipled and wrongful...
06 October 2020
Family Trust: Little v. Little
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When her marriage ended, Leanne Little was not entitled to a half share in the net worth of her husband’s funeral business since it was owne...
02 October 2020
Bankruptcy: Official Assignee v. Yarrow
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Assets in family trusts controlled by now-bankrupt businessman Paul Yarrow have been frozen by court order. Insolvency Service alleges asset...
Company: Orana Trust v. Vey Group
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High Court warnings to Leslie Fugle that control of Wellington property company Vey Group Ltd would be taken from him if he did not co-opera...
28 September 2020
Restraint of Trade: M&L Holdings Ltd v. Kuang
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Wenyan Kuang has been ordered to stop running his own real estate photography business in South Auckland, in breach of his agreement with fr...
24 September 2020
Creditor Moratorium: Brauninger & Tololi v. Westend
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Attempts by financially-pressed Cambridge horse stud Linwood Park to do a deal with creditors fell apart when news leaked that Stuart Brauni...
Reckless Trading: Debut Homes v. Cooper
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New Zealand’s ‘do it yourself’ tradition does not extend to corporate turnarounds. It is a breach of director’s duties to self-manage corpo...
Insurance: Nestel v. Millar
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It was their German Shepherd cross Louis which gave them away. An Australian insurer chasing Darryl and Linda Millar tracked them down to I...
23 September 2020
Property Development: Downer v. Signature Developments
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Signature Developments acted in a high-handed manner when it tried to railroad investor Robert Downer into purchase of a Pukekohe early chil...
21 September 2020
Autoterminal: Auto Net v. Tyler
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Used-car importer Auto Terminal’s restructuring in 2009 was triggered by a scheme to hide its true financial position; a restructuring which...
Penguin Group: Milk New Zealand (Shanghai) Ltd v. Miraka Ltd
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Taken to arbitration after defaulting on long-term UHT milk purchase agreements, Chinese-owned Pengxin Group was ordered to pay Miraka Mil...
08 September 2020
Price-fixing: Commerce Commission v. Lodge & Monarch
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Hamilton based Lodge Real Estate and Monarch Real Estate have been ordered to pay price-fixing penalties nearly double that of competitors w...
04 September 2020
Constructive Trust: Patterson v. Alsaloom
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Potentially liable for fire damage to a rented Auckland property, tenant Kevin Patterson claims his landlord agreed that his money as tenant...
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