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Colin Ewings v Won Lee [2016] NZDC 21189

Published 15 February 2017

Appeal from decision of Tenancy Tribunal — misrepresentation — inclusion of GST in rent — non-lodgement of bond — Residential Tenancies Act 1986, ss 19 and 109(3). The appeal was dismissed on all three grounds raised. Firstly, there was nothing to indicate the Tribunal had erred in coming to a decision regarding alleged misrepresentation around the use of the premises, and the appellant could not demonstrate loss. Secondly, there was nothing to indicate the Tribunal had erred in its determination of whether GST was included in the rent amount or not. Finally, discretion had been exercised appropriately when assessing the amount of damages for breach of s 19 in light of s 109(3). Judgment Date: 26 October 2016.

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