Pritish Patel v Wayne Singh  NZDC 9068
Published 16 November 2016
Appeal against a decision of the Tenancy Tribunal — application for rehearing — Residential Tenancies Act 1986, ss 91, 105, 117 and 118 — District Courts Rules 2014, r 18.17(2).
The appellant was successful in an appeal against a decision of the Tenancy Tribunal.
Key issues were:
(a) whether the appellant had been given notice for the time, date and place of his rehearing (as required by s 91) and;
(b) whether the rehearing application should be reconsidered (under s 188(1)(b)).
The appellant had been deprived of the ability to make submissions and present further evidence which amounted to a procedural error on behalf of the Tribunal. The Judge was satisfied that this resulted in a miscarriage of justice meaning the appeal against the decision to decline a rehearing could be granted (s 105 (1)).
Leave was given under r 18.17(2) for the appellant to adduce further evidence in support of the rehearing. Application for rehearing granted under s 118(1)(a). Judgment Date: 27 May 2016.