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1. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...point up until full payment was made. There was also no dispute and I accept that when she requested a refund after camp after BQ had collected [the horse], that no refund was given, so prima facie BQ was in breach. 16. Despite this the law of bailment also applies. This requires that persons who are in possession of another’s property must take reasonable care of it. 17. In this case, the property in [the horse] had not yet passed to BC. This is evident by the pre- purchase leas...

2. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

   ...remedy is BD entitled to? 42. As I have not been satisfied that F Ltd breached the CGA, BD is not entitled to any remedy under the CGA. Is F Ltd, as bailee of the bike, liable to BD in the amount sought of $5,000.00 or any other amount? 43. Bailment can be considered to be the placing of goods in the possession of another temporarily without ownership being transferred. A bailee (the person with possession of the goods) has a duty to take reasonable care of the goods. 44....

3. Housing New Zealand Ltd v Tawhai - Te Horo 2B2B2B Residue (2011) 33 Taitokerau MB 11 (33 TTK 11) [pdf, 176 KB]

   ...refuses to pay rent and claims that the house was owned by her late father, Te Rau Hoterene, and is therefore property that she is entitled to. Ms Tawhai made that claim notwithstanding that around the time the house was brought onto the land two bailment agreements were entered into which acknowledged that the house remained the property of Housing New Zealand Limited. [3] Housing New Zealand Limited now claims an award of between 80 and 100 percent of solicitor-client costs of $4...

4. Hollis v ACC [2014] NZACA 2 [pdf, 55 KB]

   ...(ii) Hiring premises in conjunction with the provision of goods and services thereon where the hiring of the premises is for the sole or principal purpose of enabling the provision of those goods and services; or (d) Income from the lease or bailment of livestock; or (e) Income from the grant or renewal, or from the sale or other disposition, of any right relating to— (i) The operation of any mine or quarry; or (ii) The extraction, removal, or other exploitation of any s...

5. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

   ...not authoritative, is that a New Zealand Court would adopt a similar stance to that of the New York and Colorado Courts. Their focus was fairly and squarely on the unique qualities of a passport, whereas Xu appears to have attached principles of bailment to passports without attending in any meaningful degree to those qualities. What in any event can confidently be said is that this is an area where lawyer caution is highly advisable. And that brings me to the next issue. Profe...