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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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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