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French v Dolbel [2019] NZDC 11164

Published 03 September 2019

Appeal Tenancy Tribunal — decision to decline rehearing — witness unable to give evidence — no miscarriage of justice — Residential Tenancies Act 1986. The appellant was declined a rehearing by the Tenancy Tribunal and sought appeal on the basis she (and her advocate) had been unwell on the date of the hearing, that she was not properly prepared, and that her witness was unable to give evidence on the date of the hearing. The Judge found there was no substantial wrong or miscarriage of justice. Specifically, the Judge observed no evidence was presented demonstrating the appellant was impaired at the hearing (noting she gave fulsome submissions), and that no adjournment was requested to locate the appellant's witness, whose car had broken down. Accordingly, the appeal was dismissed. Judgment Date: 20 May 2019.

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