Search Results

1. P Ltd v Q Ltd [2023] NZDT 678 (1 December 2023) [pdf, 108 KB]

   ...16 v battery ($306.09) and charging cable ($660.00). 4. The issues to be determined are: a. Did the company breach any duty of care to P Ltd, which caused loss to P Ltd? b. If so, what are the reasonable losses suffered? 5. The law of bailment applies where one party is in possession of property belonging to someone else. The bailee has a duty to exercise reasonable care of the bailor’s property. Unless there is a contractual provision to the contrary, and in this case, it...

2. ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]

   ...truck was sold without the damage. Such an exclusion would not apply in any event with the truck being sold without the damage. As a bailee of the van, has BC failed to use reasonable care and skill to secure the safekeeping of the goods? [12] Bailment describes the relationship which arises when one person is voluntarily in possession of goods belonging to another. The owner of the goods is the bailor and the person in possession of the goods is the bailee. The essential feature of t...

3. KG v SQ & vehicle testing company [2022] NZDT 125 (4 August 2022) [pdf, 194 KB]

   ...from the insurer. Law 10. In relation to SQ, the relevant law is the law of negligence. Drivers must take care not to drive in a way that causes damage to other vehicles or property. 11. In relation to [vehicle testing company], the law of bailment applies. A bailee must take reasonable care of goods in their possession. The degree of care depends on the circumstances. In this case, [vehicle testing company] was being paid for the services provided, and was in complete control...

4. DM v CI & QI [2024] NZDT 442 (24 June 2024) [pdf, 144 KB]

   ...driving the vehicle at speeds up to and over 180 km hour, and sliding the car on gravel, which give rise to the reasonable possibility that DM may have caused damage himself. Are CI and/or QI liable to pay DM and if so, how much? 13. The law of Bailment applies. A person who has the care and possession of another person’s property is called a Bailee. A Bailee is required by law to take reasonable care of the property while it is in the Bailee’s care and control. The standard of...

5. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

   ...chance of data recovery was slim, as the hard drive returned to her was “very damaged” and yet the data recovery specialist had been able to see the documents and photographs on it. The law 13. The Consumer Guarantees Act 1993 and the law of bailment apply. Section 28 CGA provides for an implied guarantee in consumer contracts that services will be provided with reasonable care and skill. The law of bailment provides that a person in possession of another person’s goods is...

6. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...overspray while at the C Ltd’s premises. 2. B Ltd initially brought a claim against Mr TT, who was carrying out spray-painting work at the next door property. 3. B Ltd subsequently applied to join C Ltd as a second respondent based on the law of bailment. 4. There have been numerous adjournments of the claim. The matter was scheduled for a teleconference hearing on 18 July 2024. Representatives for B Ltd, M Ltd, and C Ltd attended the hearing via Teams. 5. Mr TT did not atten...

7. D K Rentals v TL [2022] NZDT 161 (30 September 2022) [pdf, 181 KB]

   ...compensate for the missing caravan? CI0301_CIV_DCDT_Order Page 2 of 3 10. Parties are bound by terms of contract. It was a term of the contract that the “Tenant is responsible for the security of caravan”. 11. Additionally, under the law of bailment, a person who has possession of someone else’s property has a duty to take reasonable care of it. 12. Also, a person who uses or possesses a chattel of another in a manner inconsistent with the owner’s right, and with an...

8. DE v FX [2017] NZDT 1381 (7 February 2017) [pdf, 199 KB]

   ...there between the parties before disposal? 5. The relevant law is the tort of conversion, which applies where someone intentionally asserts rights or dominion over goods which is inconsistent with the owner’s rights. Also relevant is the law of bailment, which governs the situation where a person is in possession of property belonging to someone else. 6. Although FX admitted disposing of DE’s sculptures, he argued that she had abandoned them. Abandonment can be a valid defence to a...

9. AFQ v ZUG t/a PA [2013] NZDT 346 (18 July 2013) [pdf, 88 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 346 BETWEEN AFQ APPLICANT AND ZUG t/a PA RESPONDENT Date of Order: 18 July 2013 Referee: Referee Robertshawe ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZUG t/a PA is to pay to AFQ the sum of $14,436.00 in the following manner: he is to make fortnightly payments of at least $20.00 until the sum owed is paid in full; the first such payment is due on o

10. SQ v MN Inc [2021] NZDT 1472 (8 August 2021) [pdf, 189 KB]

    ...5. The tort of conversion applies where someone intentionally asserts rights or dominion over goods that is inconsistent with the owner’s rights. The courts have held that domestic pets are property that is capable of being converted. The law of bailment also applies, which governs the situation where a person (a “bailee”) is in possession of property belonging to someone else. 6. MN initially placed [Cat] in a foster home, which was not inconsistent with SQ’s ownership rights, si...