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CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 64 APPLICANT JY RESPONDENT B Ltd The Tribunal orders: The claim is dismissed Summary of Reasons: [1] The hearing was convened by teleconference. Both parties appeared at the hearing. Background [2] The applicant took his vehicle to the respondent for a warrant of fitness (WOF) inspection on 23 November 2022. T...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 123 APPLICANT CL RESPONDENT NV APPLICANT'S INSURER K Ltd RESPONDENT'S INSURER B Ltd The Tribunal orders: NV is to pay directly to K Ltd the sum of $2,360.67 on or before Wednesday, 21 February 2024. K Ltd is to refund to CL $1,000, the insurance excess from the first monies received, or earlier at its discre
...OQ claims reimbursement of the replacement cost. 2. Both parties attended the hearings. Mr and Mrs B represented N Ltd at the first hearing, and Mr B at the second hearing. 3. The hearing was adjourned to enable the parties to provide a further vehicle assessment and for N Ltd to contact its insurer. 4. Before the vehicle could be taken for assessment, it was repossessed by the finance company as OQ could not afford repayments on the car as well as the cost of a replacement vehicle...
...her brother. The animal belonged to friends of ZO’s and was one of five of their animals that had been in the paddock about 6 weeks. Law [3] The relevant law is s 5 of the Animals Law Reform Act 1989 which confirms that general principles of negligence apply. Under those general principles, a person in control of stock is required to take reasonable steps to prevent the stock from escaping and causing risk to passing motorists. Issues [4] The issues to determine are: • W...
...Investigators Act 2010 (the Act) against STEPHEN SIGNAL DECISION [1] In June 2022 Craig Webb filed a complaint with police and the Private Security Personnel Licensing Authority (PSPLA) against Stephen Signal. He says that Mr Signal used company vehicles and fuel for non-work-related activities without authorisation and submitted false patrol reports and timesheets for payment. [2] I referred the complaint filed with the PSPLA to the Complaints Investigation and Prosecution U...
...(a) Did B Ltd owe HM a duty to take reasonable care to avoid the Trailer causing damage to the Ford? (b) If so, did B Ltd breach the duty it owed HM by not taking reasonable care with the Trailer (ie was B Ltd negligent) and, if so, did B Ltd’s negligence cause or contribute to the damage to the Ford? (c) If so, is HM entitled to a remedy and is the amount claimed proved and reasonable? Did B Ltd owe HM a duty to take reasonable care to avoid the Trailer causing damage to the F...
...His contact details were not available to the Tribunal albeit he had been served Notice of the Hearing to his last known physical address. The hearing proceeded in his absence as provided by the Disputes Tribunal Act 1986. 6. The law relevant is negligence and vicarious liability. 7. The issues to be determined are: (a) Did EN drive negligently and cause the collision while driving F Ltd’s van? (b) If yes, is F Ltd vicariously liable? (c) Did EN have a current drive...
...body and made threats of Police involvement. MOP was concerned that WT was not licensed to undertake the work he was. [3] [redacted], the director of ML responded to the complaint confirming their repossession instructions with respect to the vehicle MOP had in her possession, allegedly unlawfully. He also provided evidence of the matter being referred to the Police. WT has advised that he spoke with MOP twice and that contact was minimal as she did not wish to engage with him. He de...
...by the Residence and the potential traffic generated due to the proposed Designation change. The number of trips has been calculated based on a robust scenario of maximum employee numbers and shifts; the number and timing of visitors; servicing vehicle movements; and fleet vehicle trips. 1.5. I estimate that the additional trips generated by the Designation change will be up to 16 and 19 vehicles per hour during the morning and evening peak hours, and 62 and 54 vehicles per day d...
...before entering CZ’s lane. It was IW’s actions that caused CZ to lose control of her vehicle, even though his vehicle did not directly impact hers during the lane change, and that led to the resulting collision. CZ is therefore not liable in negligence for IW/KJ Ltd’s claimed losses and the claim is dismissed. Referee Perfect Date: 29 May 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that som...