Published 18 February 2020
Costs — unsuccessful appeal — merits of appeal — District Court Rules 2014, rr 14.2 & 14.6. The respondents sought costs after the appellant unsuccessfully appealed a decision of the Tenancy Tribunal. The respondents argued that they should be awarded costs as the appeal was wholly unsuccessful, and that the costs award should be increased because the appeal was without merit and the appellant failed to engage meaningfully in the Tenancy Tribunal's mediation process. The Court found that three of the nine grounds of appeal were entirely lacking in merit and that in general the appeal had no reasonable grounds for success. Therefore the appellant was liable for costs. Given the average complexity of the appeal and the large amount of material, the Court set costs on a 2B basis and declined to order increased costs. Judgment Date: 27 June 2019.
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