Search Results

1. AEG v ZVP Ltd [2012] NZDT 339 (23 October 2012) [pdf, 101 KB]

   ...premises on the Friday upon closing time. [5] AEG seeks to recover the costs of the market value of the trailer amounting to $900 (inclusive of GST). Law [6] The relevant law is the general law of contract, and the law of bailment – where A (bailee) knowingly and willingly accepts possession of goods that belong to B. The bailee is liable when he fails to take reasonable care of the said goods. [7] The burden of proof falls on the bailee to prove that...

2. EI v UR Ltd [2015] NZDT 838 (29 October 2015) [pdf, 112 KB]

   ...was damaged. [2] EI is claiming that UR Ltd is liable to repair her car. Issue [3] The issue to determine is whether UR Ltd is liable to repair EI’s car. Is UR Ltd liable to repair EI’s car? [4] The relevant law in this case is the law of bailment. The law of bailment provides that a bailee (the person holding on to possession of the goods) is not liable for damage to goods without negligence on his part such as by accident or act of a third party. The mere loss or destruct...

3. DC v K Ltd [2023] NZDT 539 (3 October 2023) [pdf, 184 KB]

   ...earlier; and • $920 for stress and the loss of information etc on the phone. 5. The issue to be decided in the first instance is whether K Ltd took possession of the phone into its care. Did K Ltd take the phone into its possession under a bailment relationship? 6. A bailment is a legal relationship related to physical possession of property. It arises where one party (the bailee) knowingly and willingly accepts possession of goods belonging to the owner (the bailor) with th...

4. J Ltd v U Ltd [2024] NZDT 170 (17 April 2024) [pdf, 220 KB]

   ...with U Ltd and acknowledged he chose to leave the vehicle until U Ltd became available to provide a quote for the repair cost. After 5 weeks, Mr O went to U Ltd and discovered his vehicle had been stolen. A police report was filed. Mr O claimed a bailment relationship was created when he left his vehicle and keys with U Ltd, that they did not take reasonable care of the vehicle as it was stolen during that time, and that they are responsible for the costs relating to any loss or damag...

5. EJ v ND & CG [2024] NZDT 400 (7 June 2024) [pdf, 180 KB]

   ...that he is entitled to be compensated for? CI0301_CIV_DCDT_Order Page 2 of 3 Did CG and ND breach their obligations as a bailee by allowing the purchaser to take the bike before they had received payment in full? 6. Parties enter into a bailment relationship when one party takes possession of another person’s goods. In such instances the law implies an obligation on the person in possession of goods that do not belonging to them, to use reasonable care and skill so that t...

6. UI & I Ltd v S Ltd & C Ltd [2023] NZDT 750 (16 December 2023) [pdf, 149 KB]

   ...agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at what was said and done. 7. I find: a. a bailment relationship arose between I Ltd and S Ltd for storage of the Truck and its contents, but otherwise no formal contract was agreed; b. I Ltd had a contract with S Ltd for transportation of the Truck from [City 1] to [City 4]....

7. ZS & U Ltd v NU Ltd [2022] NZDT 73 (24 March 2022) [pdf, 169 KB]

   ...costs from them. Therefore, CS did not attend the remainder of the hearing. 6. The issues I am required to consider are: a. Did NU Ltd fail to take reasonable care as a bailee of ZS’s car? b. If so, what remedy is appropriate? c. Had the bailment come to an end at the time the damage occurred? Did NU Ltd fail to take reasonable care as a bailee of ZS’s car? 7. The relevant law in this case is the law of bailment. The law of bailment provides that a bailee is a person wh...

8. HG v N Ltd [2023] NZDT 650 (27 November 2023) [pdf, 184 KB]

   ...the respondent to provide safe storage. She has claimed losses of $27,732.59 being the cost of repairing some goods that were irreplaceable and replacing others. 6. N Ltd’s position in response is that: i. This was not a situation where bailment applied and therefore N Ltd did not have responsibility for any losses and ii. HG was told to get insurance for the move and for the storage of her goods and her failure to do so has resulted in her loss and iii. After the storm...

9. TQ v WT Ltd & OQ Ltd [2022] NZDT 294 (29 November 2022) [pdf, 112 KB]

   ...$30,000.00. 8. The hearing took place by phone on 28 November 2022. All parties participated in the hearing. OP represented WT Ltd, OI represented OQ Ltd, OT represented JB and OS represented RC Ltd. Findings 9. The relevant law is the law of bailment and the law of contract. CI0301_CIV_DCDT_Order Page 2 of 4 10. Bailment applies when one person is in possession of property belonging to another. The person in possession must exercise “reasonable care” with the pr...

10. LC v NS [2023] NZDT 220 (18 April 2023) [pdf, 95 KB]

    ...her that if they were not removed, they would be dumped [LC says she did not receive this text]. g. After no reply he dumped them. h. Some months later he received the July written request. i. The building materials had already been dumped. Bailment and what was a reasonable period of time 4. NS had a duty to take reasonable care of the building materials for a reasonable period of time. Page 2 of 3 5. This agreement to store is an example of a voluntary bailme...