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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 301 APPLICANT IM RESPONDENT KE APPLICANT'S INSURER (if applicable) G Ltd The Tribunal orders: KE is to pay $250.00 to IM on or before 31 May 2024. REASONS Brief Details of Claim 1. On or about 14 December 2023, IM drove into the carpark of [café]. IM says as she pulled up, a large dog started jumping up at her
...litres of diesel from ZZJ Ltd [a petrol station] (owned by ZZL Ltd [a petrol supplier]). Within a few kilometres of leaving the petrol station, the Landcruiser’s engine failed due to a fundamental breakdown in the fuel injection system in the vehicle. [2] AAQ Ltd has brought a claim against ZZL Ltd and ZZJ Ltd for the cost of repairs to the engine, being $12,251.80. AAQ Ltd believes that the engine was damaged by contaminated fuel purchased at ZZJ Ltd immediately prior to the...
...Syndicate bases, will result in the need for additional fixed lighting – referenced as Business as Usual (BAU) Lighting. This is proposed to be similar in nature to the existing lighting, well controlled and in my opinion will therefore result in negligible effects. Construction Lighting 3.2 The proposed Construction Lighting will be well controlled using the equipment and disposition expressed in the CLMP. I have been involved in the preparation of the 0762 4 CLMP. While...
...This edition of Recommendations Recap features 54 recent coronial cases where recommendations have been made. These final findings were released by a coroner between 01/01/2015 and 30/06/2015. This issue features a case study report on motor vehicle deaths related to overseas drivers. The report contains the key statistics relating to these deaths, an outline of the issues involved and the legal framework surrounding overseas drivers. It also provides a summary of recommendations...
...Auckland Standards Committee No 2. The charges both related to undertakings Mr Slack had given in 2005 and 2006. [2] Each of the charges alleged (in the alternative): professional misconduct; conduct unbecoming a barrister or solicitor; and, negligence or incompetence of such a degree as to bring the profession into disrepute. [3] At the hearing counsel for the Standards Committee advised that Mr Slack had acknowledged that his conduct was negligent or incompetent and that...
...prudent driver by failing to give way? b. If so, what are the reasonable costs of the damage caused that XH is required to pay? Did XH fail to drive to the standard of a reasonable and prudent driver by failing to give way? [4] The law of negligence imposes a duty of care on all drivers, which requires all drivers to drive to the standard of a reasonable and prudent driver. This standard can be ascertained by referring to the Land Transport (Road User) Rule 2004. That Rule state...
...as follows: a. Was HN responsible for the collision? b. If so, are the costs claimed reasonable to put BW back in the position she would have been had the collision not occurred? Was HN responsible for the collision? 4. Under the law of negligence all drivers owe other road users a duty of care. Drivers must take care not to drive in a manner that causes damage to another vehicle. 5. At the hearing BW stated that she was driving towards the exit, following a line of other car...
...there a contract between DT and B Ltd? (ii) If yes, then did DT breach her obligations by failing to return the car in its original condition. To determine this, we need to determine whether the engine failure was due to DT’s daughter driving negligently or an inherent defect of the vehicle? (iii) If there is a breach of contract then what loss has B Ltd suffered? Was there a contract between DT and B Ltd Ltd? 5. The relevant law is the Contract and Commercial Law Act 2017....
...repairs to [car 1] of $6,017.15. There were no uninsured losses. 3. The issues to be determined are: a) Who was responsible for the collision? b) What sum, if any, is TM liable to pay? Who was responsible for the collision? 4. The tort of negligence requires payment of compensation 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 A...
...losses recoverable that may not be direct but are consequential and foreseeable? 5. When one person breaches their duty of care as a driver, they are liable for the costs of repair and other costs which are permitted to be claimed by the law of negligence. 6. The Applicants were charged an amount for the rental car while their car was being repaired. It took C Ltd an unusually long time to repair the vehicle. The Applicants insurance policy with C Ltd did not include a rental car...