district court logo

Sharma v Ridgway [2024] NZDC 15819

Published 02 September 2024

Appeal from Tribunal — Tenancy Tribunal — rent arrears — refusal to rehear — Residential Tenancies Act 1986, ss 105 & 117 — Shotover Gorge Jet Boats Limited v Jamieson [1987] 1 NZLR 437 — Pratt v Whanganui Education Board [1977] 1 NZLR 476. The parties had been in proceedings in the Tenancy Tribunal, over the appellant's failure to pay all the rent that he owed the respondent. The Tribunal had ruled in favour of the respondent, ordering the appellant to pay him $51,449. The appellant sought a rehearing in the matter. The Tribunal stated that there would be no rehearing, but allowed the appellant to present evidence and submissions. Having done so, the Tribunal found no reason to overturn its earlier ruling and dismissed the appellant's application. The appellant then appealed to the Court the Tribunal's refusal to rehear the matter. The appellant was overseas at the date of the Court hearing, and there had been problems in deciding how it was to proceed. On the hearing day the Court made numerous unsuccessful attempts to contact the appellant. The Court further observed that throughout the history of the proceedings the appellant had caused repeated delays, presumably to avoid paying the money that he owed the respondent. The Court considered that the appellant was acting in bad faith, and dismissed the application for a rehearing. The Tribunal's ruling stood. Judgment Date: 4 July 2024.

Tags