Mike Ross Law Blog
Legal issues: Inside out
27 January 2021
Mistake: Zindia Ltd v. Arapawa Island Partnership
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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.
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
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
›
Yongnan Kang, former director and shareholder of Auckland-based One Pure International Group Ltd, claims a $1.7 million court judgment issue...
‹
›
Home
View web version