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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 283 APPLICANT QH Ltd RESPONDENT BD APPLICANT'S INSURER J Ltd The Tribunal orders: BD is to pay J Ltd $17,402.66 on or before 18 March 2024. Reasons 1. BD crashed into the large cantilever gate at the entrance to the QH Ltd premises. 2. QH Ltd and its insurer, J Ltd, claim $17,402.66 as a contribut
...liquidation) to inspect and advise it concerning defects at 93A Kelburn Parade. An initial visual investigation by Joyce Group Ltd was followed by a further investigation and a Supplementary Report dated August 2002, listing faults attributed to negligent workmanship. A comprehensive summary of defects found during the course of the remedial work was set out at [1.12] of “Report on Building Defects at 93A Kelburn Parade for Body Corporate 081738” written by the Joyce Group, A...
...Schedule 1. [2] The practitioner admitted a misconduct charge brought in relation to the behaviour in 2011 and the further misconduct charge relating to his behaviour in July 2004. He denied the remaining charge on the basis that his admitted negligence was not such as to reflect on his fitness to practice or tend to bring the profession into disrepute. This charge was in relation to his actions in July 2007. The hearing proceeded as a defended hearing in relation to the negligenc...
...previous suspension of his driver’s licence. CS said that U Ltd was the underwriter for [an insurance provider], an entity or name used by U Ltd, and that she was speaking for both entities. [2] The facts were not in dispute. BV first insured his vehicle for an agreed value of $25,050.00 under a policy that commenced on 1 March 2020. At the time, BV had correctly answered “no” to the question: In the last three years has anyone who might drive the vehicle had their driving lice...
...used for small claims up to $30,000. Each hearing is run by a Referee who will consider whether it is appropriate to help parties reach a settlement on a case-by-case basis. The tribunal hears cases involving disputes about car accidents or other vehicle issues, your house or flat, goods or services and business deals. Civil court: Cases are brought to the civil court by individuals or organisations and sometimes local or central government to help settle a dispute. These cases are u...
...accepts that it had authorised and approved the work and payment for it, but says that it has paid the sum owing. [2] The facts of this matter are, so far as they are known, not in dispute. T Ltd carried out repair work on X Ltd’s client’s vehicle in November 2022. X Ltd accepted that its client, the vehicle owner, had cover for the repair costs, and T Ltd invoiced X Ltd for $10,652.77, the cost of the necessary work. The invoice, dated 22 November 2022, stated T Ltd’s bank acco...
...held. [5] Here there is a fundamental question of credibility on a serious issue. [6] The parties have sought to have the complaint decided on the papers. The Tribunal has accepted it should do that. The Tribunal has upheld the complaint based on negligence and incompetence but has dismissed the complaint to the extent that it is based on dishonest or misleading conduct. The complaint [7] The Registrar filed a Statement of Complaint. [8] The foundation of the complaint is an allega...
...discharged without conviction for homicide offences from 2013 is due to changes in offence categorisation. Prior to December 2012, offences for driving causing death and driving causing injury were a combined category coded to division 04: Dangerous or negligent acts endangering persons. From 2013 onwards, these offences were separated and offences for driving causing death (eg Careless or inconsiderate vehicle operation causing death (on a road)) were coded to 01: Homicide and related offences...
...there is insufficient evidence to prove that V LTD was misleading or deceptive in its conduct about the truck with K prior to the sale. Page 2 of 6 Does the contract contain an exclusion or limitation clause? 6. The parties signed a Vehicle Offer and Sale Agreement dated 26 April 2022, with V LTD as the seller and KQ Ltd trading as KE Ltd, listed as the purchaser, for the purchase of the truck. KQ Ltd changed its name to KC in September 2022. 7. The agreement contained...
...was instructing NS about using the brake and accelerator pedals at the time of the collision and had also taken responsibility for keeping a look out for other vehicles. CI0301_CIV_DCDT_Order Page 2 of 5 6. The law that applies is the law of negligence. The law that applies is the law of negligence. Drivers of vehicles owe a duty to drive with reasonable care and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. The duty to take reas...