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1. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...absence. CI0301_CIV_DCDT_Order Page 2 of 4 6. I find that B Transport owed a duty of care to carpark users and it breached that duty in this instance. B Transport’s letters to TQ state that they had contracted out of liability for damage to vehicles via their terms and conditions and that TQ agreed to those when he parked and left his vehicle in the carpark. However this damage occurred before TQ was able to determine whether he would be able to park in the carpark and therefor...

2. FG Ltd v SB & ID Ltd [2023] NZDT 173 (7 June 2023) [pdf, 120 KB]

   ...breach the duty of care owed to FG Limited? b) If so, are they bound to compensate FG Limited for its losses? Did SB and/or ID Limited breach the duty of care owed to FG Limited? 8. The Tribunal has jurisdiction to determine a dispute based on negligence if the applicant has suffered damage to their property as a result. The law of negligence provides that we owe a duty of care to ensure we do not cause a loss to someone else due to our conduct. 9. ST said he travelled this...

3. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

   ...His contact details were not available to the Tribunal albeit he had been served Notice of the Hearing to his last known physical address. The hearing proceeded in his absence as provided by the Disputes Tribunal Act 1986. 6. The law relevant is negligence and vicarious liability. 7. The issues to be determined are: (a) Did EN drive negligently and cause the collision while driving F Ltd’s van? (b) If yes, is F Ltd vicariously liable? (c) Did EN have a current drive...

4. SX v M Ltd [2023] NZDT 195 (26 June 2023) [pdf, 215 KB]

   ...paintwork? (b) If so, what loss can SX show she has incurred that her insurer is entitled to be indemnified for? Did M Ltd breach its duty of care by water blasting close to SX’s vehicle and cause damage to the paintwork? 3. The law of negligence provides that a duty of care exits in situations where a person can reasonably foresee that as a consequence of their action that someone else’s property may be damaged. In this case, SX considered M Ltd breached its duty of care as...

5. DI v KB Ltd and others [2024] NZDT 679 (28 August 2024) [pdf, 99 KB]

   ...own insurance cover, or to take any risk of damage upon herself. [13] Thus, I do not think that any of the respondents have breached any duty owed to DI, or misled her. Nor, I consider, did their conduct cause her loss. Her loss resulted from her negligently colliding with another vehicle while she was driving the van. [14] I do not think it relevant to DI’s claim that OL falsely said to an insurer he had sold the van, or that SD and OL said that they would sort out liability with...

6. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

   ...(a) Did B Ltd owe HM a duty to take reasonable care to avoid the Trailer causing damage to the Ford? (b) If so, did B Ltd breach the duty it owed HM by not taking reasonable care with the Trailer (ie was B Ltd negligent) and, if so, did B Ltd’s negligence cause or contribute to the damage to the Ford? (c) If so, is HM entitled to a remedy and is the amount claimed proved and reasonable? Did B Ltd owe HM a duty to take reasonable care to avoid the Trailer causing damage to the F...

7. KT v EP [2024] NZDT 600 (30 August 2024) [pdf, 185 KB]

   ...breach his duty of care by driving KT’s van and damaging it? (b) If so, what loss can KT show he has incurred that he is entitled to be compensated for? Did EP breach his duty of care by driving KT’s van and damaging it? 4. The law of negligence provides that we all have a duty of care to ensure that we do not cause harm to another person or their property. If a person can reasonably foresee that someone’s property may be damaged as a result of our conduct, then if that da...

8. DQ v OL [2024] NZDT 304 (3 May 2024) [pdf, 90 KB]

   ...APPLICANT DQ RESPONDENT OL APPLICANT'S INSURER (if applicable) J Ltd The Tribunal orders: OL is to pay $4560.69 (being all insured loss) to J Ltd on or before 31 May 2024. Reasons 1. The claim is proven that OL negligently caused damage to DQ’s vehicle when she entered a roundabout and crossed the path of DQ’s vehicle as she exited the roundabout. 2. DQ was driving on the roundabout, having entered from [road 1] in the right-hand lane of two....

9. BT v HT [2024] NZDT 353 (7 May 2024) [pdf, 138 KB]

   ...his insurer had declined the claim. The insurer could not be contacted for the hearing because it had not supplied a phone number suitable for a teleconference hearing. The absence of a party does not prevent the hearing going ahead. 4. The tort of negligence 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 and the Land T...

10. KC & JBH Ltd v MK [2022] NZDT 79 (24 January 2022) [pdf, 98 KB]

    ...other road users by failing to give way to BC? b. Are the costs sought of $3,197.85 reasonable and is MK liable for them? Did MK breach his duty of care to other road users by failing to give way to BC? 7. The relevant law is the law of negligence. Drivers must take care not to drive in a manner that causes damage to another vehicle. The standard is that of a reasonably prudent driver. The Land Transport (Road User) Rule 2004 (“LTR”) explains the rules that all drivers must...