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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