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Search results for Negligence vehicle.

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  1. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

    ...that timetable orders that had previously been made by the court on 15 October 2018, were to be complied with. [14] On receipt of the court’s directions, Mr PS applied to have the fixture adjourned. [15] That application was advanced through the vehicle of a memorandum Mr PS filed with the court. [16] Mr PS sought an adjournment on grounds that: (a) there was insufficient time to prepare and exchange briefs; and (b) there was insufficient time for the parties to comply with the co...

  2. ACJ v ZXV [2013] NZDT 147 (5 June 2013) [pdf, 98 KB]

    IN THE DISPUTES TRIBUNAL [2013] NZDT 147 BETWEEN ACJ APPLICANT AND GF Insurance Ltd APPLICANT’S INSURER ZXV RESPONDENT Date of Order: 5 June 2013 Referee: Referee Robertshawe ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZXV is to pay to GF Insurance Ltd the sum of $3,130.40 on or before 3 July 2013. Facts [1] At approximately 12.20 a.m. on 3 November 2012, ZXV was drivin

  3. BT v U Ltd [2024] NZDT 201 (8 April 2024) [pdf, 110 KB]

    ...condition at the time of purchase. This is because this is what was stated in the contract between BT and U Ltd (see booking confirmation document – “this is a non runner”) and also based on what U Ltd was told by the seller when he dropped the vehicle to U Ltd. In addition, it is clear the car had been parked up in a yard for an extended period of time and had not been registered since 2020 or 2021. This is relevant to what happened with the car when it was delivered to U Ltd....

  4. ENVC Hearing 27Jul15 AC suppl evidence Sam Shumane [pdf, 135 KB]

    ...sufficient for most demands, at least when parking in other public facilities is available (on business days). 14. My analysis of the originally proposed marina concluded that with a 55 space facility there was potentially an overspill of up to 13 vehicles during the busiest summer weekend. With the proposed marina's reduction in capacity to 112 berths the potential overspill is in my opinion also likely to reduce to 8-9 vehicles. 15. Our agreed position as traffic and...

  5. [2010] NZSC 218 CA780/2009 Parker v Silver Fern Farms Ltd [pdf, 32 KB]

    ...a slaughter board butcher at meat works owned by Silver Fern Farms Ltd (Silver Fern). He was covered by a collective agreement which incorporated a drug and alcohol policy. On 31 October 2007 Silver Fern searched a number of its employees’ vehicles, including that of Mr Parker, apparently with the consent of the employees. Cannabis was found in Mr Parker’s vehicle as well as in some of the other vehicles. [4] Mr Parker was asked to remain on site, not to begin his duties an...

  6. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

    ...for a refund of the $9,541.55 paid. 3. DS and KS counterclaim $3,099.22 being the cost of additional vet bills. 4. The issues to be decided are: a) Did FQ breach its duty of care by hitting Noah, while on the property of DS and KS? Did the negligence of the painter cause injury to Noah? Did DS and KS have appropriate control of Noah while the painters were at the property? b) Is FQ entitled to a refund of the $9,541.55 paid for vet bills? Is FQ prevented from claiming a refund of...

  7. EL v MN [2023] NZDT 738 (14 December 2023) [pdf, 176 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 738 APPLICANT EL RESPONDENT MN APPLICANT'S INSURER K Ltd The Tribunal orders: MN is to pay $8,615.04 to K Ltd on or before 5.00pm on 18 January 2024 Reasons 1. EL had driven through the traffic lights from [Road A] onto [Road B], [City] heading towards [suburb]. The two lanes on his side of the road

  8. DI v EL & N Ltd [2024] NZDT 81 (23 January 2024) [pdf, 134 KB]

    ...duty of care as a driver turning right? 4. I find that EL breached the duty he owed as a driver turning right to give way to all traffic travelling straight ahead in the lanes across which he was turning. 5. The law that applies is the law of negligence. Drivers must take reasonable care in operating their vehicle and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. 6. The duty to take reasonable care includes a duty to follow the...

  9. E Ltd v KC [2024] NZDT 443 (27 May 2024) [pdf, 101 KB]

    ...road when it should not have been? c. Is J Ltd estopped from pursuing the current claim against KC? d. Are the repair costs claimed reasonable? Did KC cause the damage by failing to take reasonable care? 6. The relevant law is the law of negligence. Drivers must take care not to act in a manner that causes damage to another vehicle. In other words, they must drive with reasonable care. CI0301_CIV_DCDT_Order Page 2 of 4 7. Drivers must also abide by the applicable rules f...

  10. Cooney and Dempsey TRI 2022-100-001 Procedural Order 6 [pdf, 152 KB]

    ...that, for example, invasive testing was not undertaken and that items that are concealed, contained, inaccessible or cannot be seen due to walls, ceilings, floor installations, soils, vegetation, furniture, stored items, systems, appliances, vehicles or any other object will not be inspected or included in the report. [26] The report records that it does not cover any buildings suffering from “rotting homes, leaky homes and toxic mould situations, areas that the inspector be...