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Gemmell v Gemmell [2019] NZDC 2864

Published 11 July 2019

Appeal of Tenancy Tribunal decision — refusal to grant rehearing — property damage. The plaintiff sought an appeal of a Tenancy Tribunal decision to refuse a rehearing after making an award of $3,838.98 to the defendant, the plaintiff's mother. The award represented $2,787.15 in rent arrears (which were not disputed) and the remaining balance being compensation to the defendant for damage to the property and removal of rubbish. After a series of hearings relating to the property damage and rubbish found at the property rented by the plaintiff, the Adjudicator found no admissible evidence that the rubbish or damage resulted from a former tenant, as the plaintiff alleged. In the absence of any independent or objective evidence, the Judge upheld the decision of the Adjudicator and dismissed the appeal. Judgment Date: 20 February 2019 .

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