MJ v CB [2023] NZDT 130 (9 March 2023) [pdf, 99 KB]
...vehicle, and that CB had insufficient time to avoid a collision. I therefore prefer their evidence. I would add that, if CB had not swerved and instead hit MJ head on, she would have likely suffered more serious consequences. Are the costs claimed reasonable? 16. If a party breaches a duty owed to another, and causes damage, they must pay the cost of putting that person into the position they would have been in had the breach not occurred. There is a duty to mitigate loss....