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Azam v Sewell [2019] NZDC 6726

Published 08 August 2019

Appeal Tenancy Tribunal — appeal out of time — refusal for re-hearing — Residential Tenancies Act 1986, ss 40, 105, 117. The appellants sought an appeal of a decision of the Tenancy Tribunal decision declining a re-hearing. The appellants had been found liable for damage caused during their tenancy, under s 40 of the Residential Tenancies Act 1986. The appellants applied for a rehearing of that decision but were declined, leading to an appeal in the District Court. However, no submissions were made on the Tribunal's decision to decline the rehearing, instead they centred on the original Tribunal decision. The Judge noted that appeal was out of time, but even if the appeal had been made appropriately, the Judge found the adjudicator's finding correct. The appeal was dismissed. Judgment Date: 11 April 2019.

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