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Ryan Ambler v Glen Bright [2016] NZDC 12625

Published 15 February 2017

Appeal from decision of Tenancy Tribunal — Limitation Act 2010, s 61 — Limitation Act 1950, s 28 — Residential Tenancies Act 1986, s 117 — Inca Limited v Autoscript (NZ) Limited [1979] 2 NZLR 700. A s 117 appeal was dismissed. The appellant could not demonstrate that fraud was committed which would modify the adjudicator's finding about the application of the Limitation Act 1950. "Inca" was considered for the meaning of "fraud" in this context. A further ground of appeal relating to arrears of rent could not be supported by evidence that was before the adjudicator. Grounds of appeal were considered despite timing issues regarding the filing of appeals. Judgment Date: 18 July 2016.

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