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McClung v McCullough [2019] NZDC 8519

Published 08 August 2019

Appeal — Tenancy Tribunal —termination of tenancy — re-hearing —Housing New Zealand Corporation v Salt [2008] DCR 697 — Property Law Act 2007, s 24. The appellant (tenant) sought an appeal of a Tenancy Tribunal decision relating to the termination of the tenancy and subsequent dispossession of the property to the respondent. The appellant had successfully applied for a re-hearing of the initial decision, where he was able to present his case a second time in full. However, he was unsuccessful and appealed on the basis that he did not get a fair hearing, that it was not a residential tenancy as the agreement had been amended, and that the appellant had an agreement to purchase the property. The appellant could produce no evidence to support these claims. The Judge found that each of the appellant's claims lacked any evidential basis and the appeal was dismissed. Costs were awarded to the respondent on a 2B basis. Judgment Date: 6 May 2019.

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