LS v BI [2023] NZDT 382 (13 September 2023) [pdf, 181 KB]
...compensation to be awarded should be reasonable, and proportionate. As a matter of common sense, it should take into account the fact that this was a 15 year old vehicle which had travelled 164,000 kilometres. With reference to the ‘substantial merits and justice of the matter,’ I have to also say that there is more than little substance to the respondent’s point that there was an absence of ’due diligence’ [contributory fault] on the part of the applicant in not doing anything t...