Mike Ross Law Blog

Legal issues: Inside out

27 January 2021

Mistake: Zindia Ltd v. Arapawa Island Partnership

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A $2.8 million damages claim for breach of a forestry contract hangs in the balance after Marlborough District Council advised no further re...
25 January 2021

'Calderbank' Letters: re Estate Hetherington

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Arguments over who ‘won’ and who ‘lost’ in estate litigation over a $1.3 million Northland property centred on wording of ‘Calderbank’ lette...
18 January 2021

Holiday Pay: MBIE v. Tourism Holdings

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For holiday pay calculations in the tourism industry, commission payments are ‘earned’ when the activity is booked, not when the customer pa...
23 December 2020

Construction Contracts: re Lighthouse Property Development

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Voluntary administration disrupts contractors who do not get Construction Contract Act charging orders registered in time.  They remain unse...
21 December 2020

Wages: Kidd Partnership v. Cowan

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Wages must be paid in cash or credit to a bank account, unless otherwise agreed.  Help for a mate came unstuck when courts ruled a transfer ...
18 December 2020

Class Action: Claims Resolution v. Smith

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Christchurch earthquake litigation specialist Claims Resolution Service together with lawyers Grant Shand are facing a class action from dis...
17 December 2020

Sports Agent: Taylor v. Miles

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Raised by a solo dad in tight financial circumstances, Elijah Taylor made it in the tough professional arena of rugby league playing for the...

Fraud: Kloogh v. Serious Fraud Office

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While upholding eight years ten months imprisonment for Barry Edward Kloogh’s $15.7 million Ponzi fraud, the High Court overturned a five mi...

Health & Safety: WorkSafe v. Dong SH Auckland Ltd

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Just supervising another contractors’ work is sufficient to incur workplace Health & Safety liability.  WorkSafe took a test case to the...
16 December 2020

Confidential Information: Donovan Group v. Reid

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After getting a wide-ranging court order to seize business records from a rival construction business set up by former general manager Haemi...
14 December 2020

Estate: Chen v. Wu

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Informal nature of Chinese adoption law proved critical in a dispute between two families over inheritance of a house in south Auckland.  Qi...

Colour Trademark: Energy Beverages v. Frucor

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Frucor’s V energy drink and Energy Beverages’ Monster Energy both feature colour green as distinctive markings on their product.  Legal argu...
10 December 2020

Honey Wars: Nirvana Farm Ltd v. Makakaho Land Co Ltd

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Manuka honey is the new gold. Whanganui neighbours are at war with allegations of ‘boundary stacking;’ placing hives on boundaries to harves...
08 December 2020

Leaky Home: White v. Zadeh

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For the Zadeh family it was the tenant from hell when property agents installed a member of the Nomad gang as tenant in their Richmond inves...

Car Insurance: IAG v. Forde

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In an insurance test case, the High Court ruled a licensed driver supervising a learner driver is not ‘in charge’ of the vehicle if asleep i...
07 December 2020

Fraud: Hunter v. R.

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Described as a generous sentence, the High Court confirmed a community detention sentence for recidivist fraudster Brian Damian Hunter after...
04 December 2020

Business Purchase: Coffey v. Walker

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Six years after private investigator Mark Walker left Alligator Security alleging business colleague Paul Coffey had misrepresented Alligato...
03 December 2020

Constructive Trust: Morrison v. Autumnal Investments

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Seven years after Maurice O’Reilly agreed to pitch in and financially assist old school friend Stuart Morrison the two were in court bitterl...

Legal Highs: Eversons International v. Stewart

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Frustrated by Evan Stewart’s failure to provide detailed financial information about Eversons International, his insolvent legal-high busine...

Ademption of Gift: Taylor v. Platt

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Status of a redeemed $250,000 life assurance policy raised legal arguments about ademption on death of Faye Leslie Taylor in 2018.  Did the ...
02 December 2020

Fraud: Chen v. R

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After promising to pay SPCA $50,000 as a mark of remorse and pleading guilty to consumer fraud when re-packaging over three million eggs lai...
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...
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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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