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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