Search Results

1. KW v NX [2023] NZDT 264 (20 June 2023) [pdf, 183 KB]

   ...medical costs of $69.50? CI0301_CIV_DCDT_Order Page 2 of 3 Did NX fail to give way to KW when she drove from [Road 2] onto [Road 1], causing damage to KW’s e-scooter? Is KW entitled to claim repair costs of $430.00? 5. The law of negligence requires every driver to take care to drive in a manner that does not cause damage to other road user’s vehicles or property. A driver turning into another road, from a stop sign must ensure the way is clear before they proceed and...

2. LA v KD [2023] NZDT 260 (8 June 2023) [pdf, 214 KB]

   ...Are the costs claimed proved? Did KD’s driving cause the collision? 3. On the evidence available I am unable to make a finding that KD’s driving caused the collision and so the claim is dismissed. 4. The law that applies is the law of negligence. Drivers must take reasonable care in operating their vehicle and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. 5. The duty to take reasonable care includes a duty to follow the...

3. TI v K Ltd [2024] NZDT 457 (24 May 2024) [pdf, 162 KB]

   ...written decision of the [Financial Institution] dated 11/10/23) TI choose to withdraw his claim. 2. In short, K Ltd was of the opinion that although the third party “caused” the collision by driving into the rear of TI’s car, she did not do so negligently as she suffered from an unforeseen medical event. For the third party to be found legally liable for the repair costs (including the excess) K Ltd and TI would have to prove her actions were negligent. Given the unforeseen medical...

4. Council v HL [2020] NZDT1493 (27 February 2020) [pdf, 185 KB]

   ...experiencing a manic episode at the time as a result of his bipolar disorder. HL was unaware of his condition until a short time after the incident when he was admitted to [Hospital] and the diagnosis was made. 4. The relevant law is the law of negligence which requires all drivers to take all reasonable care to ensure that their actions or omissions do not cause harm to those persons they can reasonably foresee could be harmed by their actions or omissions. 5. The standard of car...

5. HH v NC [2024] NZDT 53 (29 February 2024) [pdf, 93 KB]

   ...of $2,858.19. There were no uninsured losses. 3. The issues to be determined are: a) Who was responsible for the collision? b) What sum, if any, is NC liable to pay? Who was responsible for the collision? 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 and the...

6. BN & QN v EG [2024] NZDT 884 (22 December 2024) [pdf, 105 KB]

   ...and BN are entitled to $19,764.00 as claimed, or to CI0301_CIV_DCDT_Order Page 2 of 4 any other sum? Was the issue of the Warrant of Fitness by EG a breach of the Fair Trading Act 1986, and/or a breach of a duty of care? 6. In law, negligence occurs where someone owes a duty of care but fails to take reasonable care in carrying out an act, and the party owed the duty suffers loss because of that failure. In New Zealand the FTA is one of the pieces of law that regulates...

7. IN v XI [2023] NZDT 780 (19 December 2023) [pdf, 94 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 780 APPLICANT IN RESPONDENT XI APPLICANT'S INSURER (if applicable) X Ltd The Tribunal orders: XI to pay X Ltd $3,962.44 by 10 February 2024. Reasons: 1. IN claims that on the 21 January 2023 XI was driving a vehicle [registration number] which collided with the rear of her vehicle twice as she was slowing down for traf...

8. KG v OAU [2022] NZDT 225 (29 November 2022) [pdf, 95 KB]

   ...obligation to manage risks on the road. The Disputes Tribunal has no jurisdiction to determine a dispute under CI0301_CIV_DCDT_Order Page 2 of 3 either of those causes of action. The Tribunal does have jurisdiction to determine a dispute based on negligence if the applicant has suffered damage to their property as a result. 6. 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. 7. KG considered tha...

9. ZY v BT [2023] NZDT 784 (13 December 2023) [pdf, 93 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 784 APPLICANT ZY RESPONDENT BT APPLICANT'S INSURER (if applicable) J Ltd The Tribunal orders: BT to pay J Ltd $9,003.96 by 15 January 2024. Reasons. 1. On the12 January 2023 ZY’s vehicle [registration number] was traveling along [a road] in [city]. ZY stopped when traffic in front of him stopped because of a red...

10. OH v LT [2024] NZDT 298 (24 April 2024) [pdf, 91 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 298 APPLICANT OH RESPONDENT LT APPLICANT'S INSURER U Ltd The Tribunal orders: The claim is dismissed. Summary of Reasons: [1] The hearing was convened by teleconference. All parties appeared at the hearing. Is the respondent liable for the collision of 7 December 2022? [2] The applicant claims that on the abov