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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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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