What was the outcome of Tenancy Tribunal case 4610134?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4610134?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4610134?

The dispute type was not classified.

Where can I read the official tribunal order for case 4610134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10035279-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4610134?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4610134?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4610134?

The dispute type was not classified.

Where can I read the official tribunal order for case 4610134?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10035279-Tribunal_Order.pdf.

7 Geoffrey Road, Torbay, Auckland 0630 Tenancy Tribunal Case 4610134 — Tenancy dispute

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Reasons

Both parties attended the hearing.

On 30 October 2023 the Tribunal made an order dismissing the applicant’s case as a decision on the same facts being a contractual dispute had been made in the Disputes Tribunal.

On 6 November 2023 the applicant applied for a rehearing on the grounds that “The factual findings of the Adjudicator is wrong. The term and legal evidence was not carefully looked at. This is a Miscarriage of justice if the order is set this way as it is. Evidence and circumstances were ignored and not carefully looked”.

Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.

Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.

The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons Mr Hwang has failed to establish the grounds for a rehearing.

Mr Hwang attended the hearing on 27 October 2023 and presented his case. The respondent Ms Zeng also attended the hearing and presented their response.

The Tribunal after hearing and receiving the evidence considered Mr Hwang’s claim had been addressed by the Disputes Tribunal on the same facts.

Reasons

Both parties attended the hearing.

On 30 October 2023 the Tribunal made an order dismissing the applicant’s case as a decision on the same facts being a contractual dispute had been made in the Disputes Tribunal.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons Mr Hwang has failed to establish the grounds for a rehearing.

Mr Hwang attended the hearing on 27 October 2023 and presented his case. The respondent Ms Zeng also attended the hearing and presented their response.

The Tribunal after hearing and receiving the evidence considered Mr Hwang’s claim had been addressed by the Disputes Tribunal on the same facts.

Tenancy Tribunal case 4610134 — Tenancy dispute at 7 Geoffrey Road, Torbay, Auckland 0630

At a glance

Claims & awards

Tenancy Tribunal case 4610134 — Tenancy dispute at 7 Geoffrey Road, Torbay, Auckland 0630

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions