Mike Ross Law Blog

Legal issues: Inside out

20 December 2022

Radiology: NZ Institute of Independent Radiologists v. ACC

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Concerns about moral hazard and conflicts of interest in Accident Compensation Corporation payments for private sector CT scans and MRI scan...
19 December 2022

Estate: Bennett v.O'Meara

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Darryn Bennett took legal action forcing sister Kim O’Meara out of their late father’s Auckland property where she had been living rent free...

House Sitting: Washikita v. Smith

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John Smith was ordered to leave a south Auckland home where he had been living rent free for thirty years with the High Court dismissing his...
16 December 2022

Memelink: Body Corporate 68792 v. Link Trust

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Owners of commercial units at 408 Hutt Road/Wakefield Street in Wellington must be ruing the day they ever bought in; tied up in convoluted ...
09 December 2022

Family Trust: Whale v. Silich

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Seven years after they separated, Gary Whale is challenging decisions about family trust farming assets made by his former wife Tanya Silich...
05 December 2022

Fuel Supply: Chatham Hardware v. Chatham Island Management

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The Chatham Islands’ stark beauty is offset by increased costs of transporting essential goods to its small population living 900 kilometres...

Estate: Glass v. Glass

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With family trusts holding assets in excess of twenty million dollars, daughter Lisa Knight claims she has been treated unjustly; promises t...
30 November 2022

Fraud: Drever v. Police

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Confirming former Auckland real estate agent Aaron Carl Drever’s sentence of two years and two months imprisonment for fraud, the High Court...
29 November 2022

Early Termination Fees: Commerce Commission v. CallPlus

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CallPlus customers cancelling early their fixed term contracts are entitled to refunds for termination fees charged if they were not told th...
25 November 2022

Deathbed Trust: Parbhu v. Parbhu

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Defeating property claims by estranged family after death through adroit use of deathbed family trusts is being tested in the High Court. A ...
22 November 2022

Undue Influence: Hingston v. Hingston

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There was a valid explanation for a family financial arrangement looking at first glance to heavily favour a son and his family trust at the...
16 November 2022

Agent: Nelson Honey & Marketing v. Gu

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Facing the legal problem of suing a customer in China for $1.7 million allegedly unpaid, Nelson Honey & Marketing turned its guns on Gra...
14 November 2022

Directors' Duties: Viranda Partners Ltd v. Guest

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Alleging Andrew Guest and Stephen Donovan diverted potential benefits from a multi-million dollar Auckland land development into their own p...
11 November 2022

Directors' Duties: Haines v. Bassett-Burr

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After improperly triggering insolvency procedures attempting to force payment of a disputed debt claimed by Lynx Trustees Ltd, Wellington di...
09 November 2022

Freezing Order: ANZ Bank v. Lee

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Hearing its customer Jinwon Lee had returned to Korea after a fire sale of business assets, ANZ Bank got a freezing order over his Auckland ...
04 November 2022

Money Laundering: R. v. Jiaxin Finance

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  Failing to comply with customer due diligence as required by money-laundering legislation when transferring some $53 million from China sa...
03 November 2022

Negligence: Sharma v. Foster-Bohm & Corbin

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Nelson lawyer Anjela Sharma was ordered by the District Court to pay $37,500 damages for negligently failing to file clients’ employment cla...
02 November 2022

Asset Forfeiture: R. v. Duthie

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Unable to prove that a south Waikato lifestyle property was purchased from proceeds of crime, police instead used the Sentencing Act to clai...

Money Laundering: Commissioner of Police v. Shahidan

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Funds totalling $1.8 million held frozen in BNZ bank accounts were seized as proceeds of crime following a High Court ruling the bank accoun...
21 October 2022

Bankruptcy: Moxham Milk v. Clark

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Failing to return funds mistakenly credited to a bank account led to bankruptcy for Bay of Plenty resident Stephen George Gibson Clark. The ...
19 October 2022

Reckless Trading: Smartpay Ltd v. Kumar

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Liable for reckless trading, Auckland company director Manas Kumar was ordered to pay $850,400 compensation to Smartpay an unpaid creditor o...
06 October 2022

Will: re Estate of Adrienne Judith Peacock

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Emotionally torn between family members, Judi Peacock left contradictory instructions as to how her assets should be distributed on death ca...
05 October 2022

Maori Land: re Totoro Trust

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When the Peacocke family looked to sell their King Country farm red flags popped up; the land was designated Maori land.  Part of the farm w...
04 October 2022

Guarantee: Borlase v. Robertson Engineering

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Liability on a personal guarantee all depended on interpretation of a dangling pronoun; did ‘you’ refer to a director or to his company? Whe...
03 October 2022

Timeshare: re 'The Retreat'

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Declining demand for timeshare holiday accommodation sees ‘The Retreat’ sitting on 4.7 hectares of land overlooking the marina at Lake Taupo...
30 September 2022

Building Consents: Nuwave Software v. Objective Corporation

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The boys from Sydney sneaked into New Zealand under cover of darkness, incurring a $1.54 million Commerce Act fine, planning to seize contro...
23 September 2022

Tax Fraud: Sami v. Inland Revenue

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The High Court refused Rajesh Sami leave to appeal his 2017 conviction for tax fraud; his last ditch effort to avoid deportation to Fiji. Sa...
22 September 2022

Leasehold: KOL Holdings v. Xu

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Owners of twenty-one leasehold apartments on Auckland’s Remuera Road have had their leases cancelled following a rent strike when annual ren...
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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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