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1. GN v MX B Ltd [2023] NZDT 286 (27 July 2023) [pdf, 186 KB]

   ...when he required brain surgery is justified. Because the car was in the repair shop, it is a foreseeable consequence that the damaged party would require alternative transport. 17. Further an extra cost for around $700.00 for towage of the damaged vehicle is also foreseeable and justified. 18. For these reasons I find the claim by the applicant against MX is proved and MX is to pay B Ltd the sum of $20,493.59. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K Johnson...

2. TN v HD [2023] NZDT 468 (16 August 2023) [pdf, 141 KB]

   ...of the pegs, Mr E used this incorrectly located part of the fence as a boundary marker when he carried out the work on (what he thought was) his own property. 21. HD denied removing any survey pegs. 22. My findings are: a. In the law of negligence, every person is responsible for his or her own actions. b. A person can only be liable for another person’s negligence in certain limited circumstances. c. It was Mr E’s responsibility to ascertain the legal boundaries befo...

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

   ...APPLICANT [City] Council RESPONDENT HL The Tribunal hereby orders: HL is to pay [City] Council the sum of $5,976.93 within 28 days of the date of this order. Reasons: 1. In the early hours of 19 August 2018 HL was driving his vehicle on [Street] [City] when he lost control of his vehicle and hit a traffic light pole located at the [Street] intersection. The traffic light is owned by the applicant, [City] Council. 2. [City] Council claim the sum of $5,976....

4. BI v NX [2024] NZDT 310 (22 May 2024) [pdf, 92 KB]

   ...4. The issues I have to consider are: a. Did NX cause the damage by failing to take reasonable care? b. If so, what is the appropriate remedy? Did NX cause the damage by failing to take reasonable care? 5. The relevant law is the law of negligence. Drivers must take care not to drive in a manner that causes damage to another vehicle. 6. I find that NX failed to take reasonable care. This was accepted by NX, who accepted responsibility for the collision as she had been dis...

5. Sionepulu v Downer NZ Ltd & Police [2012] NZHRRT 16 [pdf, 63 KB]

   ...afternoon of 2 July 2012 counsel for both defendants made strike out applications. Both applications were granted. In this decision we set out our reasons. 2 Background [2] On the morning of 14 March 2011 Ms Sionepulu was the driver of a vehicle travelling in a southerly direction over the Auckland Harbour Bridge towards the city. On her account, she was in a middle lane when she observed that in the lane on her right hand side a vehicle travelling in the same direction had br...

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

   ...evidence available). His actions are further justified by the fact that the remote attendant allowed him entry to the carpark and that there were in fact available EV parking spaces for him to use. I therefore find there to have been no contributory negligence on TQ’s part. The bolts protruding from the grounds could not have been seen from a driver’s position inside a car on the ramp and the fact they were positioned on the dividing line between lanes does not mean that TQ should...

7. Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8 [pdf, 62 KB]

   ...Practitioner 2 DECISION OF THE NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL AS TO PENALTY AND NAME SUPPRESSION Introduction [1] Mr Grave faced one charge, pleaded with three alternative levels of conduct – misconduct, negligence and unsatisfactory conduct. After negotiations with the Standards Committee, Mr Grave agreed to admit the charge at the level of negligence and this, with an agreed set of facts was put to the Tribunal, along with suggest...

8. 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...

9. VL v U Ltd & LF Ltd [2023] NZDT 671 (6 December 2023) [pdf, 114 KB]

   ...noise of the starter rubbing on the fly wheel was not present when he gave U Ltd his car. CI0301_CIV_DCDT_Order Page 2 of 4 8. U Ltd and LF Ltd claim the damage caused by incorrect towing has been fixed, and that any other damage to the vehicle was caused by wear and tear and have denied liability for fixing these issues. They say the mounting seal/ring that has caused the motor to be unaligned with the flywheel has nothing to do with the incorrect towing, or the replaced transm...

10. KI v ST [2024] NZDT 870 (17 December 2024) [pdf, 96 KB]

    ...purpose if it had not been damaged, and given the specific evidence about third party actions likely having damaged the gate, as well as the likely timing of that, I find that he has not proven on the balance of probabilities that ST is liable in negligence for the losses he has suffered as a result of the collision. Referee: J Perfect Date: 17 December 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe t...