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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 304 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 v...
...Ltd have filed a counterclaim, the Tribunal can make a binding determination. 5. All parties attended the hearing. MJ was represented by her father with the Tribunal’s consent. Who caused the collision? 6. The relevant law is the law of negligence. Road users must take care not to drive or ride in a way that causes damage to other vehicles or property. The Land Transport (Road User) Rule 2004 (“LTR”) explains the rules that apply to road users. The relevant rules applied to...
...prove he has incurred that his insurer is entitled to be compensated for? Did EG breach his duty of care by passing on the left of a vehicle in a lane of traffic or by occupying a lane of traffic that was not available to him? 5. The law of negligence imposes a duty on everyone to ensure that a person does not damage another person’s property as a result of how they operate their vehicle. 6. A lane is defined in the Land Transport (Road User) Rule 2004 to include a cycle lan...
...for the estimated cost of repairs to her car. 3. The issues to be determined are: a) Who was responsible for the collision? b) What sum, if any, is IY 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...
...prudent precautions would not have prevented the plywood from being blown from the trailer? Decision Did ZVU take all reasonable and prudent precautions to ensure that his trailer load was secure? [4] The relevant law is the law of negligence. When operating a vehicle on the road, drivers must act in accordance with a standard of care. Whether the standard has been breached is decided by asking whether in all the circumstances of the case, what should the reasonable...
IN THE DISPUTES TRIBUNAL [2013] NZDT 190 BETWEEN ADD APPLICANT AND HU Insurance Ltd APPLICANT’S INSURER AND ZWX RESPONDENT Date of Order: 15 May 2013 Referee: Referee Avia ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZWX is to pay HU Insurance Ltd $2,280.43 on or before Wednesday 5 June 2013. Facts [1] On 28 February 2012 at about 7.20pm, the two parties had
...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...
...that the way was clear before attempting to continue his ‘backing’ manoeuvre. If so, what is the remedy? 18. The normal measure of damages for a claim in negligence is to restore the wronged party to the position they were in before the negligent damage occurred. 19. MU provided a copy off an estimate from [vehicle repair company] which includes labour and second hand parts to repair his damaged car. 20. I am satisfied that the estimate is justified and reasonable and is...
...are as follows: a. Was TG responsible for the collision? b. If so, are the costs claimed reasonable to put BC back in the position he would have been had the collision not occurred. Was TG responsible for the collision? 4. 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 (LTR) states the rules that all drivers must abide by in...
...time, and the matter could proceed in his absence. 4. The issues to be resolved are: a. Did NS cause damage to DN’s car? b. If so, is DN entitled to claim $3,252.34? Did NS cause damage to DN’s car? 5. The general principles of 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. The road user rules say that a driver must not, when road markings or traffic signs designate specific l...