Published tribunal order
Tenancy Tribunal case 5341857 — Exemplary damages
Decided 15 Oct 2025 · Published 15 Oct 2025 · Application 5341857
- 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.
- The landlord Jessica Limbrick is joined as a party to the proceedings.
- Mighty Rocket Properties Limited As Agent For Jessica Limbrick and Jessica Limbrick must pay [The tenant/s] $2,760.00 immediately, being the bond paid by the tenant which has not been lodged with the Bond Centre.
Reasons
- The tenants attended the video hearing on 14 October 2025.
- Telephone calls were made to the property manager recorded in the tenancy agreement “Mighty Rocket Property Ltd-Aaron Gilmore” at both the office telephone number and the mobile number for the property manager personally. All calls went to voicemail.
- A further call was made to Aaron Gilmore on his mobile number during the course of the hearing. The call was answered and then disconnected.
- The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
- Section 136(3)(c) Residential Tenancies Act 1986 (“RTA”) provides that any document required to be served upon any landlord, shall be deemed to have been duly served, if it is given to any agent of the landlord. I deem that the application has been served on the landlord and their agent.
- The terms of the Tenancy agreement entered into by the tenants prior to the commencement of the tenancy are of significance in this order.
- The agreement records that Mighty Rocket Property Ltd is “...the agent for the landlord”. The landlord is recorded as being “Jessica Limbrick, C/- Mighty Rocket Property Limited...”
- The tenant’s application to the Tribunal shows the agent only, as the landlord party. However, I record that the proceedings have been served on the landlord Jessica Limbrick’s address for service, as shown in the tenancy agreement.
- For reasons that will become apparent, I have ordered that the landlord Jessica Limbrick, be added as a party and served with a copy of this order.
- The tenancy agreement required the tenant to pay two weeks rent in advance and a bond equivalent to four weeks rent.
- The tenants provided evidence by way of copies of bank transfers, showing that both the two weeks rent in advance and the equivalent of four weeks rent for the bond was paid the property manager Mighty Rocket Property Ltd in payments on 2 December 2024 and 24 December 2024.
- Section 19 RTA requires a landlord to lodge any bond paid with the Bond Centre within 23 working days of its receipt. The tenants’ bond has never been lodged.
- The tenants said that in June or July 2025, they were informed that the property managers for the premises had changed. This did not alter the terms or obligations under their existing tenancy agreement.
- Relevant agency law provides that a principal will be liable for the acts of their agent. The tenancy agreement records that the landlord is “Jessica Limbrick.” Mighty Rocket Property Limited are recorded as being the landlord’s agent. The tenancy agreement entered into required the tenants to make payments to the agent’s bank account.
- The tenants have paid the bond in accordance with the tenancy agreement. The bond has not been lodged. The failure, one assumes by Mighty Rocket Property Ltd, to lodge the bond is a failure by the landlord’s agent. The landlord should keep an oversight on the actions of their agent. The landlord principal is liable for the acts of their agent. The landlord is ordered to pay $2,760.00 to the tenants.
- No application was made by the tenants for exemplary damages for the landlord’s failure to lodge the bond.
- The tenants applied for name suppression. The tenants have been wholly successful in this hearing and suppression of the tenants’ names and details is ordered.