Search Results

1. QN v UN [2024] NZDT 197 (8 April 2024) [pdf, 99 KB]

   ...amount on the basis that QN shared the blame for the damage. 9. The issue is whether UN is liable for the damage to QN’s vehicle. 10. In order for UN to be held liable, it has to be proven that UN’s staff member was negligent. A finding of negligence requires that there be a duty of care, a breach of that duty and damage as the direct result of that breach. 11. The staff member had a duty of care when he undertook to assist QN in loading the wine barrels into QN’s vehicle...

2. KD v TB Ltd [2022] NZDT 204 (11 July 2022) [pdf, 105 KB]

   ...representative. Issues 4. The issues I need to determine are: (a) Did the Staff Member breach a duty he owed to KD and, if so, did this damage the Car and/or did KD cause or contribute to the damage? (a) Is TB Ltd vicariously liable for the negligence of the Staff Member? (b) Is KD entitled to a remedy from TB Ltd and, if so, is the amount he claims proved and reasonable? CI0301_CIV_DCDT_Order Page 2 of 4 Did the Staff Member breach a duty he owed to KD and, if...

3. HD v FT [2017] NZDT 1396 (20 March 2017) [pdf, 183 KB]

   ...$1,166.10, all of which was uninsured. 3. The issues to be determined are: a) Did the parties reach a binding settlement agreement? b) Did DK to give way? Was FT negligent in failing to provide adequate supervision? c) Was there any contributory negligence on the part of HD? CI0301_CIV_DCDT_Order Page 2 of 3 d) What sum should be paid between the parties? Did the parties reach a binding settlement agreement? 4. FT gave evidence that he offered to have HD’s car repaired by...

4. SX v M Ltd [2023] NZDT 195 (26 June 2023) [pdf, 215 KB]

   ...paintwork? (b) If so, what loss can SX show she has incurred that her insurer is entitled to be indemnified for? Did M Ltd breach its duty of care by water blasting close to SX’s vehicle and cause damage to the paintwork? 3. The law of negligence provides that a duty of care exits in situations where a person can reasonably foresee that as a consequence of their action that someone else’s property may be damaged. In this case, SX considered M Ltd breached its duty of care as...

5. UC v Council [2023] NZDT 67 (27 March 2023) [pdf, 131 KB]

   ...traffic. It was therefore not the layout of the road or vegetation that was planted on the side that caused or even contributed to the collision, but rather due to how the driver operated their motor vehicle. 9. In this case, there has been an act of negligence, but it was not due to any breach of a duty of care by the Council. Rather, it was through the careless driving of the person operating the motor vehicle on that night. The Council are not liable for a driver who drives out of...

6. BT v U Ltd [2024] NZDT 574 (30 July 2024) [pdf, 175 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 574 APPLICANT BT RESPONDENT U Ltd The Tribunal orders: The claim in negligence is dismissed; and The Tribunal approves the following settlement: The parties agree that U Ltd will pay $15,000.00 to BT on or before 27 August 2024. Reasons 1. On [date] BT delivered his [car] to U Ltd to have new tyres fitted. The tyres re...

7. EC v ST [2024] NZDT 37 (23 February 2024) [pdf, 211 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 37 APPLICANT EC RESPONDENT ST APPLICANT'S INSURER (if applicable) BC Limited The Tribunal orders: ST is to pay BC Limited $4,539.70 within 28 days of the date of this order. Reasons 1. The applicant, EC, was travelling north along [road 1] when the front of ST’s vehicle hit the right side of EC’s vehicle....

8. FP v TK [2016] NZDT 1044 (20 January 2016) [pdf, 110 KB]

   ...apportioned? Did Ms TK cause at least $15,000.00 worth of the damage to Ms FP’s car? Did Ms FP stop in time to avoid hitting the front car, or did she crash into the front car before being hit by Ms TK’s car? [4] The relevant law is the tort of negligence, which applies when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards other drivers, which includes compliance with the provisions of the Land Transport Act 1988...

9. KQ v HDC Ltd [2022] NZDT 153 (28 September 2022) [pdf, 96 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 153 APPLICANT KQ RESPONDENT HDC Ltd SECOND RESPONDENT HD The Tribunal orders: HDC Ltd and HD are to pay KQ $2,600.00 on or before 21 October 2022. Reasons 1. On 16 April 2022, at about 7.20pm, vehicles driven by KQ and HD collided at the intersection of [Street 1], [Street 2] and [Street 3] in [Cit

10. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

    ...his property? c. Are the costs claimed reasonable to put NB back in the position he would have been had the damage not occurred? Was UJ LTD negligent in pouring the concrete so that it splashed into an adjacent property? 4. Under the law of negligence trades people owe a duty of care to the occupiers of properties neighbouring the area in which they are working. That duty requires them to take reasonable care to avoid damaging neighbouring properties and goods on those properties wh...