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Tekoa Trust v Amanda Stewart [2016] NZDC 25578

Published 30 March 2017

Appeal from tenancy tribunal — cost awards — definition of intention. An appeal was allowed against a Tenancy Tribunal decision in which a claim for costs against the tenant for damage to carpet and loss of rent had been declined. Focussing on the legal interpretation of intention it was found that the tenants actions in continuing to allow a dog to enter the property, with the knowledge that it would continue to urinate and that the resultant damage was virtually certain, were intentional. The respondent was ordered to pay for lost rental, replacement carpet costs and court filing costs. Judgment Date: 15 December 2017.

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