Mike Ross Law Blog
Legal issues: Inside out
29 July 2022
Copyright: Burden v. ESR Group
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Ten years on from Customs seizure of imported furniture, Early Settler was ordered to pay $221,000 after selling product held to be in breac...
Harassment: Hooper v. Gee
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Social media is awash with intemperate language, but that alone does not amount to harassment under the Harmful Digital Communications Act. ...
26 July 2022
Construction: Melbourne Ltd v. Bartlett Concrete
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Construction Contracts Act ‘pay now, argue later’ rules are designed to protect contractors’ cash flow. Arguing first and delaying payment ...
Share Valuation: Williamson v. Smalley
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Christchurch investment adviser Hamilton Hindin Greene alleges former director James Small is stringing out legal action over a disputed $2....
22 July 2022
Website: re Olsen
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If catfishing on dating sites is not sufficiently rewarding, scammers are now catfishing clients of professional service firms. Auckland la...
Trustee Liability: USAR v. Lunn
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Napier lawyer Stephen Peter Lunn is challenging bankruptcy proceedings brought against him personally for a debt owed by Thackery Trust held...
Bonus Bonds: Sen v. Public Trust
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Colin Friend won one million dollars in a 2015 bonus bonds draw, at age 88. His death one year later resulted in litigation over who benefi...
20 July 2022
Leaky Home: Bhargav v. First Trust Ltd
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Buying their first home, Ameet Bhargav and Renu Khajuria were assured it was not a leaky home and provided with a building report confirming...
14 July 2022
Bankruptcy: Young v. Official Assignee
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Fifteen years after discharge from bankruptcy, Hamilton accountant Phil Young asked the High Court to annul his earlier bankruptcy giving hi...
Misfeasance: Daisley v. Whangarei District
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Jimmy Daisley was awarded $5.7 million damages following Whangarei District Council incompetence in dealing with a quarrying consent, includ...
13 July 2022
Tax: Eversons International v. Stewart
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Evan Stewart alleges liquidators of Eversons International are acting as puppets of Inland Revenue chasing him down for $3.7 million owed by...
Will: re Estate Shannon Rastrick
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The same day that police constable Shannon Rastrick filled out a document she considered to be her last will, she died in a single vehicle c...
08 July 2022
Fua'amotu Hotel: Commercial Factors v. Scenic Hotels
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In 2011, Terry Haydon’s Commercial Factors converted its $5.7 million unpaid mortgage advance over Tonga’s Fua’amotu Hotel into ownership of...
07 July 2022
Club Rules: Frewer v. Canterbury Radio Car Club
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Aggrieved that Canterbury Radio Control Car Club would not sanction his plan to allow tyre modifications for model racing, long-time enthusi...
Asset Forfeiture: Commissioner of Police v. Milosevic
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Four years prior to conviction for money-laundering profits from cannabis dealing, Irene Raki gifted a Kawerau house to her son. The house ...
04 July 2022
Hotel Lease: Herbert v. USAR
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The Court of Appeal dismissed out of hand claims by brothers Malcolm and Anthony Herbert that they were no longer liable to pay $510,000, th...
Tax: Clearmont v. Redwood Group
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Tony Gapes’ Redwood Group unsuccessfully argued it was entitled to an extra $1.6 million from Queenstown’s Five Mile project. In dispute wa...
01 July 2022
Iridium: Tracplus Global v. v2track
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Accused of putting Queensland park and wildlife staff at risk, Cambridge-based Bevan and Kylan Diprose were ordered by the High Court to dis...
30 June 2022
Financial Advertisements: Du Val Capital v. FMA
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Financial Markets Authority’s demand that property developer Du Val Group rework its marketing campaign for a $100 million mortgage fund off...
Law Firm: Tavendale & Partners v. Dineen
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Mark Dineen’s departure from Canterbury law firm Tavendale was followed by allegations he had wrongly taken business data with him, poached ...
29 June 2022
Money Laundering: Sun v. Police
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What started as a favour for her then boyfriend, turned into a conviction for money laundering with potential disastrous consequences for he...
28 June 2022
Takeover Code: Takeovers Panel v. New Image Group
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The first ever fine for a takeovers code breach was triggered by an unnamed complainant following through on threats to marketing company Ne...
Charity: Attorney-General v. Family First NZ
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Ruling that Family First did not qualify for charitable status and with it the tax benefits that follow, the Supreme Court said Family First...
23 June 2022
Customs Fines: Vienna Group v. Kerry Logistics
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Transnational freight forwarder Kerry Logistics is fighting off a $2.2 million claim from importer Vienna Group after extra excise duty was ...
22 June 2022
Family Trust: Stratford v. Stratford
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Placing south Canterbury farming assets into a family trust complicated a relationship property split after 44 years marriage. Brian Stratf...
20 June 2022
Lease: Reid v. Estreich
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Lessors refusing without proper grounds to sign off on transfer of their lessee’s interest are liable for damages, the High Court ruled in a...
Investment: Deng v. Zheng
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Disputes between Chinese investors pouring money into property development has led to Supreme Court guidance on how Asian cultural mores sho...
16 June 2022
Villa Maria: Fistonich v. Gibson
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Receivers are holding some $40 million after the wind-down of Villa Maria Estate’s assets. They are entitled to keep $5.16 million in their...
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