Mike Ross Law Blog

Legal issues: Inside out

26 February 2021

Frederick Pereira: re Marlborough Country Ltd

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Minority shareholders in Port Underwood forestry company Marlborough Country Ltd allege Auckland director Frederick Pereira conspired to rip...

Ombudsman: Financial Services Complaints v. Ombudsman

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The Ombudsman’s office acted unlawfully when not bothering to consider on its merits Financial Services Complaints Ltd’s application to use ...
25 February 2021

Civil Aviation: Helilogging Ltd v. Civil Aviation

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When buying ex-RAF Wessex helicopters, Mark Ford took a punt on getting Civil Aviation certification to use them for heli-logging operations...

Neighbours: Bilkey v. Kyriak

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It was not just about the letterbox, but the letterbox proved to be the blue touch paper which set off legal fireworks following a falling o...
24 February 2021

Property Development: Green & McCahill v. Ara Weiti Developments

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Having lost control of Weiti Bay development north of Auckland, Taiwanese investor Tong-Kuang Liu failed in legal arguments that he still ha...
19 February 2021

Maori: Cowan v. Cowan

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Having a wastrel for a father, Christine and Te Rahui Cowan tried to prevent him selling houses they said should be kept in the family.  The...

Estate: Farquharson v. Farquharson

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Ian Farquharson breached a moral duty owed his only son when he left everything to former wife Opal in a will signed before they had separat...

Commercial Lease: Courtesy Motors v. Endeavour Commercial

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Accidentally emailing the wrong file to its landlord’s lawyer triggered legal argument over whether there was any agreement forcing Levin Fo...
18 February 2021

Xero: Buxton v. Xero Ltd

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It was not a breach of privacy for Xero to disclose personal financial transactions of David Henderson’s spouse as part of Insolvency Servic...
16 February 2021

Relationship Property: Macnamara v. Macnamara

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Noel Macnamara’s obstructive behaviour in blocking attempts to sell the family home at Karaka, part of a relationship property split, saw th...

Relationship Property: Drummond v. Drummond

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A pre-emptive strike in a relationship property dispute by Winton farmer Janeen Drummond in unilaterally taking $78,000 out of their family ...
15 February 2021

Co-op Housing: Koanga Institute v. Kotare Community

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Promoted as eco-friendly co-operative living, Kotare Village north of Wairoa has collapsed into an avalanche of claims and counter-claims as...
12 February 2021

Intellectual Property: re Solar Bright Ltd

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High Court ordered disclosure of patent discussions about PATeye and Dataeye, intelligent road-marking cats eyes providing real time data on...

Christina Domecq: Heartland Bank v. Ora HQ Ltd

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Heartland Bank is chasing down money used by Andrew Jeffery to purchase property with long-term partner Christina Domecq at a time her busin...
09 February 2021

Business Dispute: Rasela v. Thachankary

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Doctors Vandana Rasela and Shigy Thachankary used differing corporate structures for their two jointly operated medical practices in south A...
04 February 2021

Estate: re Estate Anne Brosnahan

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Described as erratic, impulsive and lacking empathy, Anne Brosnahan was warned by lawyers preparing her will that failing to properly provid...
02 February 2021

Cheque Fraud: Tandem Group v. ASB

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Taranaki chartered accountant Tandem Group is suing ASB Bank alleging it failed to properly follow up on forged amendments to a $200,000 che...
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...
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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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