Published tribunal order
Tenancy Tribunal case 4694730 — Exemplary damages
Decided 27 Sept 2024 · Published 27 Sept 2024 · Application 4694730
- Exemplary damages
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenants’ names and identifying details.
- This order is made by the consent of the parties.
- The Tribunal’s order made on 7 December 2023 under this application is varied as stated in paragraphs 4 and 5 below.
- In paragraph 2 of the order, $22,120.44 is replaced by $14,120.44 and $22,100 is replaced by $14,100 so that Daniel Richard Beanland must now pay [The tenant/s] $14,120.44 not $22,120.44 immediately under paragraph 2 of the order.
- Paragraph 4 of the order is replaced by the following: Daniel Richard Beanland must pay 50% of the tenants’ legal costs of $10,019.50 being an amount due of $5,009.75 immediately.
- The landlord’s total liability to the tenants is therefore $19,130.19.
- The rehearing application is discontinued, the rehearing hearing on 2 February 2024 is vacated and the proceeding is at an end.
Reasons
- The parties have consented to this order, and it has been made on the papers.
- The Tribunal’s order made on 7 December 2023 under this application ordered the landlord to pay the tenants $22,120.44 and invited the parties to file costs memoranda.
- The landlord has made a rehearing application which has been listed for hearing on 2 February 2024.
- The parties have had discussions about the rehearing application and costs and have agreed that the original award should be reduced, that the landlord will pay the tenants a contribution towards their costs and that this proceeding is now at an end.
- This order gives effect to the parties’ agreement.