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  13. AGE and AGH v ZVR Ltd [2012] NZDT 393 (23 November 2012) [PDF, 67 KB]

    Negligence / vicarious liability / Land Transport (Road User) Rule 2004 / Applicants claim Respondent’s road sweeper showered stones and gravel onto their car, causing damage / Applicants claim for the cost of damage due to Respondent’s negligence / issue of whether Respondent was negligent in the operation of the road sweeper / Held: Respondent was not negligent / Respondent operated the road sweeper in accordance with industry standards / Respondent’s duty of care to other road users was not breached / Applicants’ claim is dismissed.
  19. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 49 [PDF, 37 KB]

    Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 49 amended costs decision TRI 2010-100-000112/DBH 6291. Decision date 22 November 2012. See also the Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 final determination, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 decision on remedial scope, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 decision on quantum, the High Court Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 appeal decision CIV-2012-404-1123, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 costs decision, and Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 49 amended costs decision.
  24. ACE v ZXZ [2012] NZDT 136 (19 December 2012) [PDF, 69 KB]

    Contract / quantum meruit / faulty medicines / Respondent faxed 900 New Zealand pharmacies including Applicant instructing recall of a suspected faulty medication / same recall between another pharmacy and Respondent decided in District Court / Ian Johnson Pharmacy Ltd v GlaxoSmithKline NZ Ltd DC Manukau, CIV-2010-092-1947, 26 September 2011 / Applicant claimed for its time and costs spent effecting the recall / Held: District Court decision acted as a precedent for this claim / Applicant entitled to payment for services in contract or alternatively on quantum meruit basis / fax sent to Applicant constituted a contract and services requested were over and above those normally provided / Applicant was entitled to reasonable payment for its services / claim allowed, Respondent ordered to pay Applicant $253.00.