Search Results

1. EI v TB [2020] NZDT 1699 (19 March 2020) [pdf, 189 KB]

   ...making his right turn; (c) if TB is liable to pay to the whole or any part of the amount claimed; and (d) if EI is liable to pay the whole or any part the amount claimed. CI0301_CIV_DCDT_Order Page 2 of 4 [5] The relevant law is the law of negligence and the Land Transport (Road User) Rule (2004) (RUR). Negligence concerns the duty that a person owes another to take care. A driver is negligent if they breach a duty they owe to another driver and cause damage as a result. In suc...

2. DI v KB Ltd and others [2024] NZDT 679 (28 August 2024) [pdf, 99 KB]

   ...679 APPLICANT DI RESPONDENT KB Ltd SECOND RESPONDENT SD THIRD OR SUBSEQUENT RESPONDENT OL The Tribunal orders: The claim is dismissed. Reasons [1] DI and her father borrowed from SD, with OL’s consent, a vehicle which OL had previously lent to SD. While driving the vehicle, DI had a collision with another vehicle, for which she was subsequently found responsible. DI’s claim is that neither OL nor SD had told her that the vehicle she had borro...

3. MD v EQ [2024] NZDT 592 (5 September 2024) [pdf, 184 KB]

   ...is most likely at fault for the collision? b. Is the amount claimed, by either the applicant to the claim or the applicant to the counter claim, reasonable? Who is most likely at fault for the collision? 4. The relevant law is the law of negligence. Negligence concerns the duties that one person owes another to take care, including the duty not to cause damage, destruction, or loss to another person’s property. For the respondent to be shown to be negligent, it must be showed t...

4. BT v PO Ltd [2022] NZDT 80 (12 January 2022) [pdf, 179 KB]

   ...to his vehicle? b) Is PO Ltd liable for any damage to BT’s vehicle under the contract terms? c) If so, is BT entitled to claim $10,000.00? Did PO Ltd breach their duty of care to BT and cause damage to his vehicle? 3. The principles of negligence require people to take reasonable care not to cause damage, loss or injury to others or their property in a variety of situations. If someone breaches this duty of care and causes damage or loss that is foreseeable, the person that has...

5. NO v WN & NT [2024] NZDT 802 (16 October 2024) [pdf, 90 KB]

   ...While I do not necessarily consider the document to be a binding agreement, I do consider NT’s actions, in allowing a suspended driver to drive her vehicle, to be a breach of her duty of care to other road users and find her to be also liable in negligence for the collision. CI0301_CIV_DCDT_Order Page 2 of 3 7. For all the above reasons, I find both respondents to be jointly and severally liable to pay $1999.00 to NO. If the amount is not paid by the due date above, NO...

6. MB v TX & EX [2023] NZDT 386 (16 August 2023) [pdf, 233 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 386 APPLICANT MB RESPONDENT TX SECOND RESPONDENT EX APPLICANT'S INSURER (if applicable) K Ltd The Tribunal orders: 1. EX is to pay the sum of $6850.22 to K Ltd, as insurers for MB, by no later than 8 September 2023. 2. The claim against TX is dismissed. Reasons: 3. MB was

7. ZG v DD Ltd & GT [2023] NZDT 119 (30 June 2023) [pdf, 118 KB]

   ...the act and what he was authorised to do, so that the company is vicariously liable? c. What, if any, reasonable costs associated with the collision ought to be paid? Was GT responsible for the collision? 5. 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 the owners of vehicles or other property in the vicinity not to cause damage to that property. 6....

8. UL v TS [2024] NZDT 302 (27 March 2024) [pdf, 131 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 b. If not, did she cause the damage? c. If so, what remedy is appropriate? Did TS take reasonable care not to cause damage to UL’s vehicle in a situation when she owed him a duty of care? 8. The law of negligence states that where parties owe a duty of care to others they must take reasonable care not to cause damage to them. 9. I accept that TS owed UL a duty of care. Although I note her point that she was mowing her own lawns on her ow...

9. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 622 APPLICANT XT FIRST RESPONDENT TT SECOND RESPONDENT C Ltd APPLICANT'S INSURER B Ltd SECOND RESPONDENT'S INSURER M Ltd The Tribunal orders: 1. TT is to pay B Ltd $30,000.00 by 14 August 2024. 2. The claim against C Ltd is dismissed. Reasons: 1. In January 2021, Mr XT’s vehicle was...

10. FG Ltd v SB & ID Ltd [2023] NZDT 173 (7 June 2023) [pdf, 120 KB]

    ...breach the duty of care owed to FG Limited? b) If so, are they bound to compensate FG Limited for its losses? Did SB and/or ID Limited breach the duty of care owed to FG Limited? 8. The Tribunal has jurisdiction to determine a dispute based on negligence if the applicant has suffered damage to their property as a result. The law of negligence provides that we owe a duty of care to ensure we do not cause a loss to someone else due to our conduct. 9. ST said he travelled this...