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Ruwhiu v Dunn [2019] NZDC 6746

Published 08 August 2019

Reserved Judgment — Appeal from Tenancy Tribunal — appeal out of time — notice of appeal — Residential Tenancies Act 1986, ss 13AB, 104, 136, 171. The appellants sought to appeal a Tenancy Tribunal decision that found them liable for $7,790 in rent arrears and $950 in a claim for damages and cleaning. The appellants filed their notice of appeal, which although accepted at the time, was out of time. A stay of application was granted in relation to enforcement until it could be determined whether the documents were not properly served, per s 136 of the Residential Tenancies Act. The address provided on the application by the appellants was also the same address used by the Court's Registry to post documents concerning dates of hearings, as well as the address provided to the adjudicator in the Tribunal. The Judge found the documents were properly served; the appeal was therefore out of time and there was no jurisdiction to extend the time of filing. The appeal was dismissed. Judgment Date: 12 April 2019.

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