Search Results

1. D Ltd v AB [2023] NZDT 473 (15 September 2023) [pdf, 176 KB]

   ...damage to the [vehicle 1], including uninsured losses of $2,640.99. 3. The issues to be determined are: a) Who was responsible for the collision? b) What sum, if any, is AB liable to pay? Who was responsible for the collision? 4. The tort of negligence requires payment of compensation 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 Transpor...

2. HM & KM v DS [2024] NZDT 799 (9 October 2024) [pdf, 177 KB]

   ...hearing, I am bound by those findings including that referred to in her lawyer’s email, that KM’s statement of having travelled along [Street 1] from [Street 3], was accepted by the District Court. 5. I must therefore find that DS is liable in negligence for this collision and that no contributory negligence on the part of KM has been established. CI0301_CIV_DCDT_Order Page 2 of 3 6. With respect to costs, although KM’s vehicle was actually written off because of th...

3. ET & JT v AQ [2024] NZDT 295 (13 May 2024) [pdf, 128 KB]

   ...on both cars points to AQ’s comment that [car 1] braked suddenly. This is set out in detail in his report to J Ltd (pages 35 to 38 of J Ltd’s bundle). MQ says he has 30 plus years in panel industry including damage analysis. Is AQ liable in negligence for the damage to JT’s car? 7. All drivers owe a duty of car to other road users to drive in a manner which does not cause injury to people or property. Any failure to do so breaches that duty and the driver liable for the cost...

4. IN & Ors v GU & J Ltd [2024] NZDT 719 (26 August 2024) [pdf, 127 KB]

   ...lights. IN and her insurer say that GU caused the collision and seek an order that GU and/or his mechanic, J Ltd, pay them $7,161.58, which they say was the cost of the repairs to IN’s car. 2. The issues to be resolved are: a. Did GU, by his negligence, cause the collision? b. Did J Ltd, by its negligence, cause or contribute to the cause of the collision? c. Are the costs claimed proved? 3. I called GU three times for the hearing, but all my calls went to voicemail. The claim...

5. TL v DL [2025] NZDT 60 (26 February 2025) [pdf, 102 KB]

   ...Did TL contribute in any way to the collision or damage, and if so, does that affect the right to claim loss? CI0301_CIV_DCDT_Order Page 2 of 4 Did damage occur as a result of DL failing to take reasonable care? 5. Under the law of negligence, drivers of vehicles have a duty of care to other road users including to take care not to drive in a manner than causes damage to another vehicle. The Land Transport (Road User) Rule 2004 (“LTR”) explains rules that all drivers...

6. E12 John Mckensey - Lighting - EIC - Applicant [pdf, 4.6 MB]

   ...Syndicate bases, will result in the need for additional fixed lighting – referenced as Business as Usual (BAU) Lighting. This is proposed to be similar in nature to the existing lighting, well controlled and in my opinion will therefore result in negligible effects. Construction Lighting 3.2 The proposed Construction Lighting will be well controlled using the equipment and disposition expressed in the CLMP. I have been involved in the preparation of the 0762 4 CLMP. While...

7. ST & CT v OU [2021] NZDT 1606 (21 June 2021) [pdf, 201 KB]

   ...framing the claim in contract. The obligation to pay road user charges and road taxes does not arise from a voluntary exchange of promises (as in a contract). The obligation is statutory and mandatory. 10. In my view the claim is more cogent as a negligence claim. The Disputes Tribunal has jurisdiction to hear claims founded in tort that relate to physical damage to property. CI0301_CIV_DCDT_Order Page 2 of 4 11. OU was not represented at the hearing, but it would be rela...

8. 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...

9. 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...

10. 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...