Published 28 November 2024
Appeal from Tenancy Tribunal — failure to lodge bond within 23 working days of receipt — exemplary damages — restraining order — jurisdiction of Tenancy Tribunal — Residential Tenancies Act 1986, ss 77, 86, 109, 109A, 124A, 124B & 197 — Boutique Body Corporate v J Star Property Management Limited [2012] NZHC 3169 — Levett v Village Accommodation Group Limited [2012] NZHC 3356. The appellant appealed a decision of the Tenancy Tribunal finding that it had jurisdiction to hear and determine 197 applications for orders totalling $202,769. The appellant argued that the Tribunal did not have the jurisdiction to hear and determine those applications as the cumulative total exceeded the jurisdiction of the Tribunal which is $50,000. The Tribunal found that it did have jurisdiction to hear and determine the matters as it was making decisions on 197 individual applications, each of which for less than the $50,000 limit imposed by s 77 of the Residential Tenancies Act. The court proceeded on the basis that each of the 197 applications had been filed separately. The court found that each application should be treated independently and not as one application, as the applications were brought in respect of separate, singular tenancies and that, therefore, the Tribunal did have the jurisdiction to hear the matter as no single application exceeded the $50,000 cap. The appeal was accordingly dismissed. Judgment Date: 21 August 2017.
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