Mike Ross Law Blog
Legal issues: Inside out
28 March 2023
Insurance: Saijad v. Tower Insurance
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Owners of a tenanted south Auckland property failed in their fire insurance claim because of a material non-disclosure when taking out the...
27 March 2023
Mining: LMCHB Ltd v. Buller Coal
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Piqued at losing a USD40 million claim in the Supreme Court by a narrow 3:2 margin, L&M Holdings then claimed Bathurst Resources subsidi...
24 March 2023
Compensation: Cooper v. Hastings District
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With 2.76 hectares of her land in Howard Street Hastings re-zoned residential in 2019, Karen Cooper was entitled to compensation at reside...
Restraint of Trade: Colville v. Colville
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Suing his brother alleging he welshed on an agreement not to go into competition, Mathew Colville is in court seeking detail of what he clai...
23 March 2023
Money Laundering: re Qian DuoDuo Ltd
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Internal Affairs scrambled to restore Auckland money remitter Qian DuoDuo Ltd to the Companies Office register after the company quietly dis...
21 March 2023
Creditor Freeze: re Black Dog Consulting Ltd
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Intended to provide a short breathing space keeping creditors at bay allowing a decision on whether a struggling business is viable, Welling...
17 March 2023
Patent: Thaler v. Commissioner of Patents
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Artificial intelligence cannot be an ‘inventor’ registering a patent for a novel product, ruled the High Court in a landmark case. An inven...
Charity: re Tikipunga Children's Home
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Charitable trusts live forever. When their charitable purpose has ended, they have to be legally killed and buried; now required for a Whan...
16 March 2023
David Reid franchise: Swann v. Canterbury Design & Development
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Christopher Swann’s sale of part interest in his Canterbury David Reid Homes franchise sees a dispute with new business partners over paymen...
14 March 2023
Liquidation: re Tiny Town Properties Ltd
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They thought they were buying houses, but in court it was legal argument about sale of goods when New Plymouth-based Tiny Town Projects Ltd ...
10 March 2023
Eric Watson: Kea Investments v. Wikeley Family Trustee
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It is just another Eric Watson fraud, designed to hamper recovery of GBP129 million damages due following an earlier fr...
07 March 2023
Undue Influence: Gorringe v. Pointon
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‘Judy bullied me to do it:’ an anguished complaint by a 97 year old widow or words spoken in mischievous jest, the Cour...
03 March 2023
Defamation: Cato v. Manaia Media
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Ordered to pay $240,000 damages, Manaia Media could not claim its defamatory comments about lawyer Kristin Cato were jus...
24 February 2023
De facto director: re Delta Shared Services Ltd
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Struck-off Cambridge lawyer Murray Osmond claimed to act as consultant only to Delta Shared Services Ltd, now in liquidation insolvent. Rul...
23 February 2023
Bankruptcy: Bamber v. Official Assignee
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Appeals to tikanga Maori did not override bankruptcy legislation allowing Insolvency Service to seize a Rotorua home, evicting Kathleen and ...
Real Estate Agent: Marsh v. Goldline Properties
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Rules restricting real estate agents from benefitting in a property sale beyond their commission do not apply to subsequent deals done after...
17 February 2023
Island Grace: Island Grace (Fiji) v. Satori Holdings
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Promoted during 2015 in a blaze of publicity, construction of Island Grace resort on Fiji’s Malolo Island now sees the original investors da...
Defamation: Young v. Ross
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Twenty years after agreeing to settle out of court a defamation claim alleging he was a credit risk, Hamilton accountant Philip Young filed ...
16 February 2023
Maori Land: Nicholas v. Ta Whaiti-A-Toi Trust
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Described variously as a shack, a shed and a house, the dwelling on Maori freehold land in the North Island West Urewera mountains became th...
08 February 2023
Insolvency Proposal: re Ian George Fistonich
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Saved from immediate bankruptcy, the High Court approved a part payment scheme put up by Accent on Construction’s Ian Fistonich offering cre...
03 February 2023
Bankruptcy: re Rebecca Kennedy
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Bankrupt with creditors owed nearly one million dollars and also charged with fraud offences totalling some $1.7 million dollars Rebecca Ken...
01 February 2023
Valuation: Reynolds v. Finnigan
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Receivers Peri Finnigan and Boris van Delden are potentially liable for damages in excess of $150,000 after Dayle Walker forced business c...
Negligence: Buchanan v. Tasman District
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Keith Marshall, former CEO of Nelson City Council, sued Tasman District recovering some $270,000 damages for negligent pool inspections of h...
10 January 2023
Loan: Wake Up Commercial Ltd v. Extension Capital Ltd
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Taking out a $2.35 million short-term loan in the heat of the covid-19 property boom came unstuck when Auckland development plans collapse...
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