Mike Ross Law Blog

Legal issues: Inside out

30 November 2020

Asset Forfeiture: Commissioner of Police v. McIvor

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Accused of downloading and selling pirated movies, Hamilton-based Jaron David McIvor surrendered bank accounts holding $818,000 and control ...

Relationship Property: Galante v. Grinberg

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Forced liquidation of a family company was refused by the High Court as it would force one spouse out of their Motueka family home.  A court...
26 November 2020

Asset Seizure: Rodriguez v. Commissioner of Police

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Allegedly part of $US119 million embezzled from Venezuela’s state-owned oil company, the Court of Appeal confirmed $US11.85 million held in ...
24 November 2020

Family Trust: Harrison v. Harrison

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In financial difficulty and bankrupt with trustees of a family trust refusing to help, Pauline Harrison challenged actions taken by trustees...
20 November 2020

Mark Ensom: Stark Trustees v. Alliance Diversified Holdings

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What was a backdoor attempt to protect a profit share agreement benefitting bankrupt property developer Mark Ensom to the tune of four milli...

Corruption: Guangzhou Dongjiang Petroleum v. Kang

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Yongnan Kang, former director and shareholder of Auckland-based One Pure International Group Ltd, claims a $1.7 million court judgment issue...

Family Trust Arbitration: Ryan v. Lobb

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Trust beneficiary rights arise from trust law, not contract law.  Verena Ryan was entitled to her day in court arguing the effect of a famil...

Asset Forfeiture: James v. Commissioner of Police

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Hiding criminal profits in a family trust did not prevent forfeiture.  Trust assets were confiscated as proceeds of crime because trustee an...
19 November 2020

Relationship Property: Young v. Young

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A relationship property claim to a $700,000 home in Auckland suburb Avondale failed because her former spouse was not absolute owner of his ...
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...
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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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