Search Results

1. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...late 2021. KD says the area N Ltd is located is a high risk area for flooding because it is low lying. He says therefore N Ltd owed a duty of care to him. In other words, he says N Ltd were negligent in moving to [Address 1] and as a result of that negligence his bike got water damaged. 4. He says, in his correspondence to N Ltd, that he expected his bike to be covered under N Ltd’s insurance. In an email from N Ltd to KD in March 2023 they say they could not give any guarantee rega...

2. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...(e) If not, did TH contribute to the collision? (f) If not, is BC responsible for the collision? (g) If so, was there damage caused to TH’s car? (h) If so, what is the remedy? What is the legal framework? 3. The relevant law is the law of negligence. Negligence concerns the duties that one person owes another to take care. The standard of care required is that of a reasonable prudent driver. Drivers must take care not to drive in a manner that causes damage to another vehicle....

3. BD & NT v S Ltd & C Ltd [2024] NZDT 769 (4 October 2024) [pdf, 105 KB]

   ...is payable by the subcontractor to the clients? 13. Although the subcontractor had no contract with the clients, it owed them a legal duty of care to carry out the concrete work with reasonable care. Breach of a duty of care can found an action in negligence, and I conclude that the subcontractor has the same liability to the clients in negligence that the builder has to them under the CGA. CI0301_CIV_DCDT_Order Page 3 of 5 Did the subcontractor breach its contract with the builder...

4. CQ Ltd v CE [2024] NZDT 473 (12 June 2024) [pdf, 129 KB]

   ...median strip to turn right and the two cars collided. 3. The issues for the Tribunal to determine are whether CE caused the damage to NB’s van and whether the costs of repair are reasonable. 4. The law governing this claim is the law of negligence. All drivers owe a duty of care to other roads users not to drive carelessly and damage other people’s property while driving. The standard by which negligence on the road is judged is found in the Land Transport Act 1998 and the L...

5. EF Ltd & EFE Ltd v UU [2015] NZDT 925 (3 August 2015) [pdf, 83 KB]

   ...the Toyota Hilux contributed to the incident. Finally, it must be determined whether the costs claimed are reasonable. Did UU cause the damage by failing to give way and/or failing to give a proper look out? [4] The relevant law 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. The duty to take reasonable care includes the duty to give way a...

6. KN v ID Inc [2021] NZDT 1527 (13 August 2021) [pdf, 216 KB]

   ...a. Did the respondents owe a duty of care? b. Was that duty breached? c. If so, did the breach cause the damage and was it foreseeable? d. What is the reasonable cost of repairing the damage? Did the respondents owe a duty of care? 4. In a negligence claim four elements must be proven. The first is the duty of care. A duty of care arises when parties are in close proximity to each other and it is reasonably foreseeable that if a standard of reasonable care is not adhered to then th...

7. E Ltd & W Ltd v TN [2024] NZDT 712 (30 August 2024) [pdf, 103 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 712 APPLICANT E Ltd RESPONDENT TN APPLICANT'S INSURER W Ltd The Tribunal orders: TN is to pay W Ltd $18,119.50 on or before 27 September 2024. Reasons 1. On about 11 September 2023, KI, a property manager for [the Property Management Company], was driving the car owned by the Applicant out of the driveway of a rental pro

8. B Ltd v IC [2018] NZDT 1540 (20 August 2018) [pdf, 88 KB]

   ...it considered the pre- collision value of its car to be. [3] I have to decide: (a) if the collision was caused by IC failing to take sufficient care; and (b) whether IC is liable to pay the amount claimed. [4] The relevant law is the law of negligence. Negligence concerns the duty that a person owes another to be careful. A driver is negligent if they fail to be careful and another party suffers a loss as a result. However, the duty on a driver to be careful is not absolute. When a...

9. SD v O [2023] NZDT 237 (18 August 2023) [pdf, 197 KB]

   ...damage was not immediately obvious and therefore he did not have a specific location for the pothole or the date the damage occurred. 3. SD is seeking $410.22 as compensation for the repair costs to his wheel. 4. SD’s claim is based on negligence. Negligence concerns the duties that O owes another to take care. Negligence requires four elements to be proven; (i) that a duty of care exists between the parties; (ii) that there was a breach of the duty; (iii) that the damage suf...

10. Final-Technical-Assessment-K-Freshwater-Ecology-v2.pdf [pdf, 2.6 MB]

    ...Page 4 (b) “Moderate” – ten sites (Stream 39, Stream 39.1, Kuku Stream, Stream 29, Stream 27.1, Stream 19, Stream 17, Stream 18, Manakau Stream, and Waiauti Stream) (c) “Low” – all other permanently flowing streams. (d) “Negligible” – ephemeral waterways. Assessment of effects 6. The actual and potential effects of the Ō2NL Project on freshwater ecology were assessed separately for the construction phase (generally short-term effects) and operational p...