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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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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