Search Results

1. XS v UQ [2024] NZDT 132 (19 March 2024) [pdf, 184 KB]

   ...to control herself. If the hearing had been in person she would have been asked to leave or been removed from the hearing. Reasons: Was UQ negligent leading to damage to the applicant’s property? 1. On 11 December 2022 UQ reversed a vehicle Reg [redacted] over the applicant’s retaining wall causing damage to the wall. The NZ Police attended and established that UQ was driving the vehicle at the time of the event. The Report states that UQ got into an argument with her...

2. ADZ v ZVZ [2010] NZDT 245 (3 November 2010) [pdf, 86 KB]

   ...hypoglycaemic episode. ZVZ was unable to control his vehicle, which drifted left and collided with the Applicant (ADZ)’s, vehicle which was parked on the side of the road. Law [2] I find that the above claim is governed by the tort of negligence and section 8 of the Land Transport Act 1998. [3] Section 8 of the Land Transport Act 1998 states: A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other...

3. J Ltd v TQ [2024] NZDT 34 (15 February 2024) [pdf, 103 KB]

   ...[car 1] and [car 2]. It is for the Tribunal to determine if TQ is liable for the amount claimed. Is TQ liable for costs incurred to repair the two vehicles? 4. A person may be liable to compensate another for their losses if that person has negligently or intentionally damaged property belonging to the other. 5. On the evidence presented, I find TQ negligent as he failed to take all due care when exiting the car yard and caused damage to two vehicles. 6. I find the los...

4. GB v B Ltd & Ors [2024] NZDT 604 (24 May 2024) [pdf, 95 KB]

   ...is responsible for the collision? b. If so, are the costs claimed reasonable to put the innocent back in the position they would have been if the collision had not occurred? Which party is responsible for the collision? 5. Under the law of negligence all drivers owe other road users a duty of care. Drivers must take care not to drive in a manner that causes damage to another vehicle. The Land Transport (Road User) Rule 2004 (LT Rule) states the rules that all drivers must abide by....

5. BU v CU [2023] NZDT 639 (22 November 2023) [pdf, 186 KB]

   ...CU. The hearing took place by phone on 14 November 2023. Both parties participated in the hearing. NL represented B Ltd. 11. B Ltd seeks to hold CU liable for the damage on the grounds that he failed to give way to BU, and that therefore his negligence was the cause of the accident. 12. That would certainly be the case if BU’s description of the circumstances of the accident is proven. 13. The burden of proof is with B Ltd / BU. The standard of proof that applies in the Dis...

6. TT v JN [2024] NZDT 344 (15 May 2024) [pdf, 95 KB]

   ...manner at the time of the collision? (b) If so, is JN liable to pay TT and/or J Ltd the amount claimed of $796.65? Did JN breach his duty of care to TT to drive in a reasonable and safe manner at the time of the collision? 3. The law of negligence provides that every road user owes other road users a duty of care to drive in a reasonable and safe manner. If the actions of one driver cause a collision then that driver can be said to have breached his or her duty of care to the...

7. DD v KI [2023] NZDT 42 (14 February 2023).pdf [pdf, 205 KB]

   ...for which he claimed. [10] KI did not appear at the hearing today. However, ON accepted that X Ltd was liable to pay for whatever liability was established on his part. The issues [11] I must decide whether: - DD has proved that KI drove negligently and caused the losses he claims; and - if so, whether DD was contributorily negligent; and - if KI is proven to be at fault, DD is entitled to recover the cost of storage. Did KI drive negligently? [12] There is no dispute abou...

8. FP v TK [2016] NZDT 1044 (20 January 2016) [pdf, 110 KB]

   ...apportioned? Did Ms TK cause at least $15,000.00 worth of the damage to Ms FP’s car? Did Ms FP stop in time to avoid hitting the front car, or did she crash into the front car before being hit by Ms TK’s car? [4] The relevant law is the tort of negligence, which applies when someone breaches a duty of care to another person causing foreseeable damage. Drivers have a duty of care towards other drivers, which includes compliance with the provisions of the Land Transport Act 1988...

9. KD v TB Ltd [2022] NZDT 204 (11 July 2022) [pdf, 105 KB]

   ...representative. Issues 4. The issues I need to determine are: (a) Did the Staff Member breach a duty he owed to KD and, if so, did this damage the Car and/or did KD cause or contribute to the damage? (a) Is TB Ltd vicariously liable for the negligence of the Staff Member? (b) Is KD entitled to a remedy from TB Ltd and, if so, is the amount he claims proved and reasonable? CI0301_CIV_DCDT_Order Page 2 of 4 Did the Staff Member breach a duty he owed to KD and, if...

10. DE v SC [2023] NZDT 499 (10 October 2023) [pdf, 205 KB]

    ...to the license plate on that side that is consistent with an impact. 13. The photographs are consistent with SC and NN’s oral evidence about the circumstances of the accident. 14. Based on this, my finding is that the driving of SC was not negligent. It is not the case that SC was following too closely behind DE and failed to stop in time. SC swerved to go around DE’s vehicle and would have done so successfully if he had not hit [car 2]. 15. The person responsible for the...