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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