Search Results

1. ACR v ZXL and ZXK [2013] NZDT 140 (2 August 2013) [pdf, 75 KB]

   ...ZXK, LF and ACR all report a second impact to their respective vehicles resulting from ZXL’s impact, but ZXL denies liability for any impact but that with ZXK. Issues [4] The issues to be decided are as follows: (i) Is ZXK liable in negligence for damage to ACR’s vehicle? (ii) Is ZXL liable in negligence for damage to ACR’s vehicle? (iii) What proportion of loss is likely to have been caused by ZXK’s impact and what proportion by ZXL’s impact? (iv) What is the...

2. KH v EI [2024] NZDT 380 (12 June 2024) [pdf, 143 KB]

   ...the vehicle in front. KH’s car was significantly damaged in the front and back. 2. KH has subrogated her rights to her insurer J Ltd and brings a claim against EI for the sum of $12,198.48. 3. The issues to be resolved are: (a) Was EI negligent when his vehicle hit KH’s car? (b) If so, was KH also negligent and therefore contributed to the collision? (c) If not, what is the remedy? Was EI negligent when his vehicle hit KH’s car? 4. EI explained that although the p...

3. LI v T Ltd [2023] NZDT 479 (3 July 2023) [pdf, 190 KB]

   ...RESPONDENT T Ltd APPLICANT'S INSURER X Ltd RESPONDENT'S INSURER Y Ltd The Tribunal orders: T Ltd, or its insurer Y Ltd, shall pay the Applicant $4,700.00 by 27 July 2023. Reasons: 1. The Applicant’s vehicle was damaged beyond economical repair in a collision with T Ltd’s truck. 2. The Applicant was driving behind the T Ltd road works truck through a 4-5 km stretch of road works, with a line of vehicle behind her. 3. At the end of...

4. DD v QX [2022] NZDT 239 (2 December 2022) [pdf, 206 KB]

   ...10. The issues are: Was the Respondent negligent? Did the Applicant and his friends contribute to the cause of the accident? How much should the Respondent contribute to the Applicant’ loss? Was the Respondent negligent? 11. A finding of negligence requires that there be a duty of care, a breach of that duty and damage as a direct result of that breach. All drivers owe a duty of care to all other road users and adjacent property owners. 12. Here, the Respondent breached her...

5. CQ v XK 2015 NZDT 715 (10 February 2015) [pdf, 115 KB]

   ...[5] The issues are a. Did XK turn into CQ’s lane thereby causing the collision? b. And, if so, are the costs claimed reasonable? Did XK turn into CQ’s lane thereby causing the collision? [6] The relevant law is the law of negligence. Negligence concerns the duties that a person owes to another to take care. Drivers must take care not to drive in a manner that causes damage to another vehicle. The standard of care required is that of a reasonable prudent driv...

6. CV-v-XE-2015-NZDT-850-13-October-2015 [pdf, 68 KB]

   ...transport costs. Issues [3] The issues are: a. Did XE fail to stop in the length of lane visible to him? and b. If so; are the costs claimed reasonable? Did XE fail to stop in the length of lane visible to him? [4] The relevant law is the law of negligence. Negligence concerns the duties that one person owes another to take care. The standard of care required is that of a reasonable prudent driver. Drivers must take care not to drive in a manner that causes damage to anoth...

7. BX & JD v ML [2022] NZDT 283 (30 December 2022) [pdf, 225 KB]

   ...evidence raises considerable uncertainty, and I am therefore unable to reach a finding on the balance of probabilities as to who owned the cattle beast that was involved in the collision with JD’s vehicle. 16. I will now turn to the issue of negligence. Law of negligence 17. The law of negligence applies. The tort of negligence consists of a breach of duty of care owed to another as a result of which that person suffers loss. 18. The duty is owed to those who are reg...

8. CL v XP 2015 NZDT 743 (27 February 2015) [pdf, 74 KB]

   ...collision occurred at the end-point of the on-ramp. The right side of his vehicle and the left side of CL’s vehicle made contact. Issues [4] The issues to determine are: a. Has XP breached his duty of care to CL? b. Was there any contributory negligence on the part of CL? c. What are the reasonable losses suffered by CL and his insurer? Has XP breached his duty of care to CL? [5] I find that XP has failed to enter the left-hand lane of the motorway from the on-ramp with due...

9. UD v ST & NT [2024] NZDT 726 (5 November 2024) [pdf, 197 KB]

   ...of the towing expense? Is UD entitled to payment for pet care services? Is UD liable for the cost of a replacement engine? 13. In order for UD to be held liable for the cost of an engine replacement, it must first be shown that she was negligent. 14. A finding of negligence requires that there be a duty of care, a breach of that duty and damage as a direct result of that breach. 15. ST and NT claim that UD was negligent for leaving the property, taking their vehicle on a...

10. ADT & CR Insurance Ltd v ZWH [2013] NZDT 221 (9 May 2013) [pdf, 63 KB]

    ...able to stop but was travelling too fast. [2] ADT and CR Insurance Ltd claim the cost of repairing ADT’s vehicle ($3817.91) plus the tow cost of $266.80. Issues [3] The issues for the Tribunal to determine are: (i) Whether ZWH was negligent and caused the damage; (ii) Whether there is any contributory negligence on the part of ADT, and (iii) If ZWH is found liable, whether the costs claimed are reasonable. Decision Was ZWH negligent? [4] ZWH is requir...