Published 20 June 2019
Appeal of Tenancy Tribunal — abandonment — unforeseen change in circumstances — re-hearing — compensation — exemplary damages — bias — miscarriage of justice — Property Law Act 2007, s 269 — Residential Tenancies Act 1986, s 105. The appellant, having previously been successful in the Tenancy Tribunal in establishing the respondent had abandoned the tenancy, sought an appeal of the Adjudicator's decision not to grant a re-hearing on the basis the award was insufficient. The plaintiff alleged several issues with the Adjudicator, including that the Adjudicator was not impartial and considered matters outside his jurisdiction (in particular, the circumstances leading to the abandonment). The Judge reviewed the Adjudicator's decision and found the law was correctly interpreted and applied. For that reason, the appeal was dismissed. Judgment Date: 13 February 2019.
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