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...with the care expected of the ordinary prudent driver. [19] I note that TNN Ltd has not claimed for its costs as there was minimal damage sustained to the truck. What are the reasonable costs of repair to Mr FM’s van? [20] As I have found no negligence proven on the part of Mr TN, this issue does not need to be addressed, and the claim is dismissed against both respondents.
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 806 APPLICANT BI RESPONDENT ID The Tribunal orders: 1. ID is to pay BI the sum of $12,368.98.00 in full, on or before 5pm Monday 21 October 2024. Reasons: 2. BI said that in May 2023, he was driving along [Street] in [Suburb] heading towards the city with his friend S, when ID who was driving a white van along BI’s inside lane, sudd
...costs to ABQ’s car? [4] The Tribunal has jurisdiction to hear claims based in contract and in tort. A tort is a civil wrong. Claims in tort can be heard by the Tribunal in respect of the destruction, loss, damage to or recovery of property. Negligence is the relevant tort relating to this claim. Negligence concerns the duties 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. [5] In de...
...damage under the terms of the contract with KC? • What amounts, if any, are owed on the claim and counter-claim? CI0301_CIV_DCDT_Order Page 2 of 4 What was the cause of the clutch failure? 6. I find that Mr K drove the vehicle in a manner that caused premature failure of the clutch. Mr K contends that there may have been pre-existing damage to the clutch and points out that the condition of the clutch at the beginning of his hire is unknown. He says he did no...
...[15] For the above reasons, I find the driver for ZYJ Ltd drove negligently when exiting ABT’s building. As the driver was an agent of ZYJ Ltd undertaking business for ZYJ Ltd at the time, ZYJ Ltd is vicariously liable for the driver’s negligence. Does the exclusion clause between the customer and ZYJ Ltd apply to ABT Ltd? [16] An exclusion clause may apply if one party to a contract brings the exclusion clause to the notice of the other party. [17] The exclusi...
...stated that he was travelling in the right lane to make a right turn to Newtown. He said that SN was in the left lane and he changed lanes and hit the left front of the taxi. Findings about what happened 10. For a finding about negligence the Tribunal must first make a finding about the facts of the case. The standard of proof is the balance of probability. There must be more certainty than doubt about what happened. 11. The damage that resulted from the co...
...3. NP on the other hand submits that there is no evidence that he was not driving carefully and responsibly and that the dog must have run in front of him. That the dog was not killed but was injured indicates he was not speeding or otherwise negligent in the operation of his vehicle. The cause of the injuries to the dog was it’s being allowed to run free and not under control on the property. 4. The issues to be decided then are whether NP was negligent in the operation of his v...
...and to continue with the hearing on 15 February 2017. I note that this is the seventh time this matter has been before a Tribunal or the District Court. Was SC negligent in turning in these circumstances? 7. The relevant law is the law of negligence. Drivers must take care not to drive in a manner that causes damage to another vehicle. In particular, when approaching a t-junction (also known as a “T-Intersection”) and preparing to turn right, a driver must take care to ensu...
...made under s 74 of the Private Security Personnel and Private Investigators Act 2010 AGAINST B M HEARD by telephone and audio-visual links on 6 October 2021 DECISION [1] Mr and Mrs D say that B M was guilty of misconduct or gross negligence when he repossessed an excavator from their property on 19 March 2021. They accept that Mr M had the required paperwork to carry out the repossession but say in doing so Mr M breached health and safety requirements, was rude and a...
...CI0301_CIV_DCDT_Order Page 2 of 5 5. So, the issues to be determined are: a. Who was responsible for the collision? b. If AM was responsible, is PD Ltd vicariously liable? c. What if any reasonable costs associated with the damage to the vehicles ought to be paid and in what proportion? Who was responsible for the collision? 6. The relevant law is the tort of negligence, which applies when someone breaches a duty of care to another person causing foreseeable damage. Dri...