Mike Ross Law Blog

Legal issues: Inside out

30 September 2021

Phoenix Company: Spence v. R.

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Using a series of ‘phoenix’ companies to cheat creditors of his Auckland business trading as Compass Roofing in what was labelled as deliber...
23 September 2021

Family Trust: Addleman v. Lambie Trust

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As a discretionary beneficiary in the Lambie Trust, Prudence Addleman wants to know why $44 million dollars of trust money was paid across t...
17 September 2021

Maori Land: Commissioner of Police v. Kiwi

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Homes built on Maori freehold land cannot be seized under proceeds of crime legislation even if built using ill-gotten gains, the High Court...

Family Dispute: Avoca Holdings v. Dennehy

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A decades old family dispute again surfaced with sale of Whataroa Hotel on the West Coast to pay rates arears. Patrick Dennehy’s claim to $1...
15 September 2021

Tax Evasion: Commissioner of Police v. Nabawi

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Evading tax leaves taxpayers open to all undeclared taxable revenue being confiscated as proceeds of crime together with any assets purchase...

Fair Trading: Shabor Ltd v. Graham

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Deer farmers Steve Borland and Bob Sharp recovered $371,000 damages following purchase of their Oparau farm, near Kawhia.  Vendor Robert Gra...
10 September 2021

Fair Trading: Dempsey Wood v. Gapes

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Property developer Tony Gapes was ordered to pay $286,200 damages to civil engineers Dempsey Wood after his Springpark development in Auckla...
08 September 2021

Family Trust: Mills v. Galway Trust

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On their mother’s death, three siblings agreed to pool their inheritances enabling disabled brother Stephen to continue living in the family...

Valuation: Groom v. Bartulovic

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Dennis Bartulovic and sister Winnie rented out three shops in Auckland suburb Ellerslie, a commercial holding built up from the profits of t...
07 September 2021

Kiwifruit: Gao v. Zespri Group

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Former Bay of Plenty contractor Haoyu Gao was ordered to pay $12 million dollars for illegally exporting kiwifruit budwood to China.  Zespri...

Relationship Property: Palmer v. Alalaakkola

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Works of art produced during a relationship are relationship property as also is copyright in the finished product, the High Court ruled in ...
06 September 2021

Share Buy-back: Warkworth Retail Ltd v. Warkworth Holdings Ltd

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High Court appointed interim liquidators to Warkworth Holdings Ltd after allegations high-profile investors Todd Strathdee and Andrew Guest ...
02 September 2021

Buy-out: PLC Trust v. Birchfield Holdings

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West Coast miner Allan Birchfield has been strongly advised to accept a reasonable offer for his 25 per cent shareholding in Birchfield Hold...
31 August 2021

Bankrupt: Andrews v. R.

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Raymond Anthony Andrews committed multiple frauds running businesses whilst bankrupt including conviction in 2013 for failure to pay for bea...

Fraud: Ropitini v. Social Welfare

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Tipare Hokimate Ropitini’s two years three months’ imprisonment was confirmed by the High Court for multiple social welfare frauds over nine...

Bankruptcy: FAI Money Ltd v. McKenna

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Learning that former bankrupt Edward Johnston had wrangled a $100,000 concession out of secured creditors claiming rights to his forestry in...
30 August 2021

Loan: Powell v. K2 Investment Group

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Bronwynne Durney left legal carnage in her wake after splitting with Gabor Kemeny: she borrowed $100,000 to help fund her relationship prope...
26 August 2021

Right of Way: Botev Trustee v. Tait

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It took a High Court order to enforce rights of vehicle access to their Auckland property after owner of a neighbouring flat extended his ou...
23 August 2021

Subdivision: Reynolds Trust v. Parklands Properties

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Having forfeited a $2.5 million deposit in 2009 to Auckland property developer Parklands Properties, Reynolds family interests had the upper...
19 August 2021

Deposit: Kinleith Land v. Bremworth

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Hitching its bandwagon to a low carbon economy and claiming an interest in exploiting solar energy, David Henry’s Kinleith Land & Infras...

Leasehold: Paros Property v. Smith

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The lessor has choice of valuer when owners of leasehold interests want to freehold Freemans Bay townhouses build by Auckland city in the 19...
17 August 2021

Freezing Order: Kimiko Trust v. Walton 18 Ltd

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Properties owned by companies controlled by Auckland property developer Teik Huat Ghee were frozen by High Court order following allegations...

Construction: Cain v. Rilean Construction

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General liquidation creditors should not bear the cost of sorting out entitlements to Construction Contracts Act retentions when the there i...
13 August 2021

Leaky Building: 'The Links'

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Body corporate management controlling the high-rise Links apartments at Paraparaumu Beach was described by a High Court judge as being obstr...
09 August 2021

Fraud: Eight Mile Farms v. Bradley

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Legal action has been taken against King Country accounts clerk Sharon Bradley in an attempt to recover $2.4 million stolen from farming cli...

Estate: McMahon v. Blind Foundation

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Born in London, Graham Rowles died at Whangarei in 2017 leaving an estate valued at four million dollars. In an unsigned typewritten note, l...
05 August 2021

Estate: Moleta v. Darlow

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Daughters Lorraine and Jolene were each awarded $950,000 from their late mother’s $5.4 million estate after left nothing in her will, all as...
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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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