Tang v Body Corporate 183930 [2018] NZDC 26542

Published 11 April 2019

Appeal of Tenancy Tribunal — leaky building — res judicta — Unit Titles Act 2010, ss 74, 124 — Residential Tenancies Act 1986, s 117 — Housing New Zealand Corporation v Salt [2008] DCR 697. The plaintiff appealed a decision of the Tenancy Tribunal relating to levies and other costs associated with the plaintiff's unit and Body Corporate. The Body Corporate had previously reached a settlement for being a leaky building. The remedial work required ultimately exceeded the settlement and action was taken in the higher courts, leading to a schedule being approved by the High Court under s 74 of the Unit Titles Act. This was then varied by the Court of Appeal, which resulted in the contributory negligence figure for the plaintiff being reduced from 67% to 41%. The plaintiff appealed the Tenancy Tribunal, on the basis that he wished to see the document that showed how the 67% contributory negligence figure was reached. The Judge held that the issue could have been raised during the action in the High Court and Court of Appeal. As the decision was now res judicata, it could not be raised in the Tenancy Tribunal or in an appeal of the Tenancy Tribunal, as it would be an abuse of process. Therefore, the appeal was struck out and the order for the plaintiff to pay $34,921.09 was upheld. Judgment Date: 19 December 2018.

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