Mike Ross Law Blog
Legal issues: Inside out
30 May 2022
Ticket Refunds: re STA Travel (NZ) Ltd
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Youth travel specialist STA Travel (NZ) Ltd collapsed into liquidation in September 2020 after its Swiss holding company shut up shop in the...
27 May 2022
Construction: Titterton v. Dynasty Capital
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Dynasty Capital could not use a ‘sunset clause’ to back out of its Kaiapoi fixed price house build when it deliberately stopped work attempt...
Fraud: R. v. Huirua
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Ten per cent of the $32 million received by Taranaki iwi Ngaa Rauru Kiitahi in 2003 as its Treaty settlement was lost in a fraud perpetrated...
26 May 2022
Insolvent Estate: MY Templar Ltd v. Parsons
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In 2020, Jihong Lu died in Taiwan. In Auckland he had a reputation for throwing money around like confetti; staging a dismally unsuccessful ...
25 May 2022
Bride Price: Almarzooqi v. Salih
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A 500,000 dirhams deferred bride price agreed as part of an Islamic wedding in UAE was enforced in the New Zealand courts as a contractual p...
20 May 2022
Customs Fraud: Zhu v. Customs
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Over four million dollars in cash was uncovered including $3.2 million stuffed into rubbish sacks at a storage unit during an Auckland Custo...
19 May 2022
Loan: Merchant Finance v. Xu & Litt
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Claiming $548,000 was still owed after a mortgagee sale, Merchant Finance was instead forced to pay Cheryl Xu and Karl Litt $145,800 followi...
17 May 2022
Asset Forfeiture: Commissioner of Police v. Standen
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High-powered cars supposedly subject to proceeds of crime restraining orders are proving elusive as police attempt to track down what are al...
Fair Trading: Corporate Cabs v. Kumar
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Corporate Cabs throwing the book at a former driver as a warning shot for other drivers was of limited success when the High Court ruled th...
16 May 2022
Asset Forfeiture: Commissioner of Police v. Lin & Du
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Smuggling cigarettes from China through their Auckland company Enternal Trading Ltd resulted in proceeds of crime orders totalling $900,000 ...
12 May 2022
Estate: Ridley v. Mulholland
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Described as holding other beneficiaries to ransom, Gregory Mulholland was removed as administrator of his late mother’s estate and ordered ...
Due Diligence: Melco Properties v. Hall
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Black Diamond Technologies allege vendor of a property in Lower Hutt deliberately went bush to prevent completion of due diligence causing i...
09 May 2022
Asset Forfeiture: Commissioner of Police v. Knights
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An Auckland light industrial unit converted without resource consent into residential accommodation for immigrant workers and WINZ beneficia...
29 April 2022
Construction: Cancian v. Tauranga City
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As project manager for multiple Tauranga housebuilds, Danny John Cancian was liable to ensure work complied with building consents. He was ...
Bankruptcy: re Clarke
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Bankrupted more than eight years ago and sentenced to two years three months imprisonment during that time for Insolvency Act offences, form...
Sofitel Auckland: Een v.Body Corporate 384911
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Investors allege Pandey-controlled CP Group running the Sofitel Auckland Viaduct Harbour Hotel put on the squeeze; blocking disgruntled abse...
28 April 2022
Royalties: Talley's Group v. MacLab
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Talley’s claim MacLab is not properly paying royalties for supply of mussels resulted in a counterclaim by MacLab for $3.4 million alleging ...
Property: van der Byl v. van der Byl
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Family confusion over financial assistance to support their mother came to a head when Robin van der Byl needed a High Court order to force ...
Insolvency: Scutter v. Tawa LP
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Fiddling the books to avoid payment of $391,000 GST came at a cost; liquidator of Wellington-based Matrix Homes clawed back $2.1 million as ...
27 April 2022
Fraud: Hu v. Yu
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Wei Hu alleges he was defrauded by foreign currency dealer Chunglin Yu. He now has a further problem; she is detained in prison in China. T...
20 April 2022
Annuity: re Lifetime Income Ltd
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Low interest rates are starting to bite in the life assurance sector. Lifetime Income Ltd paid out annuity holders leaving them to fend for...
12 April 2022
Restraint of Trade: Gordon v. Christensen & Purdon Family Trusts
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Selling parts for cars is a different market segment to a dealership selling cars, the Court of Appeal observed when ruling Tim Gordon was n...
Caveat: Cowan v. Cowan
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Christine and Te Rahui Cowan’s attempts to stop their father selling the Wellington family home to a property developer have foundered while...
07 April 2022
Fraud: Kidd v. van Heeren
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Alex van Heeren has spent in excess of $11 million dollars on legal fees in twenty five years of litigation in which he was found to have de...
01 April 2022
Mistake: Greymouth Holdings v. Lundon
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Greymouth Holdings’ director Robert Dunphy claims there was no mistake when his company agreed to buy an Auckland property for $5.9 million ...
31 March 2022
'Spencer on Byron:' Body Corporate 207624 v. Grimshaw & Co
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Ordered to repay $67,500 received as a ‘wasted costs’ order claiming to be out of pocket following a trial delay, the High Court was told la...
Joint Venture: Young v. Remarkable Exquisite Design
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Maria Young forced liquidation of their Queenstown joint venture property company after suspicions colleagues Geoffrey Short and Katrina War...
29 March 2022
Ahu Whenua Trust: Walters v. Wikiriwhi
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Trustees of a Taupo ahu whenua trust put loyalty to a friend ahead of their duties as a trustee, the Court of Appeal said, confirming remova...
24 March 2022
Family Trust: re I.K. and D.L. Jury Family Trusts
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High Court approval was needed to amend terms of two Taranaki family trusts to avoid a potential $320,000 tax liability and to protect asset...
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