DC v T Ltd [2023] NZDT 642 (13 November 2023) [pdf, 104 KB]
...CJ LTD tested the battery and provided data to T Ltd. T Ltd does not have (and has never had) physical possession of the battery. b. The data is inconclusive in terms of the reason for the failure. The results show no sign of reduction in performance over time, which is the common symptom of cell balance. This aligns with DC’s evidence that he did not experience any loss of performance before the sudden failure of the battery. c. A cell failure could have a range of causes incl...