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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