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Pulling tribunal records

Epsom, Auckland Tenancy Tribunal Case 9048564 — Unit Titles | TenantCheck

Insights
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Auckland
/
Unit Titles
/
Case 9048564

Tenantcheck Insights · Case study

Tenancy Tribunal case 9048564 — Unit Titles in Epsom, Auckland

Decided 11 Nov 2024 · Published 11 Nov 2024 · Application 9048564

Mixed / unclear

Unit Titles

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Outcome

Mixed / unclear

From published order

Location

Auckland

Tribunal region

Insights
/
Auckland
/
Unit Titles
/
Case 9048564

Tenantcheck Insights · Case study

Tenancy Tribunal case 9048564 — Unit Titles in Epsom, Auckland

Decided 11 Nov 2024 · Published 11 Nov 2024 · Application 9048564

Mixed / unclear

Unit Titles

View official order on MoJ →Explore similar cases

At a glance

Key facts from the published tribunal order.

Outcome

Mixed / unclear

From published order

Location

Auckland

Tribunal region

Adjudicator

R Woodhouse

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Jump to section

OF THE TRIBUNAL

Order

OF THE TRIBUNAL

This application before the Tribunal is to be closed. In the event the dispute is not resolved directly, the Applicant may request this claim to be reopened, and a hearing will be set down at that time.

Reasons

The Tribunal has received an application from two co-unit owners against the body corporate, another unit owner and a unit occupier.
In short, the applicants own an apartment in a unit titled complex. The applicants are troubled by noise which they say arises from a Lone Star restaurant operated by LS Alexandra Park Limited (the occupant). The restaurant operates from premises leased from Auckland Trotting Club Incorporated (the respondent unit owner).
This matter first came to a hearing on 19 March 2024, and was adjourned so that the parties can work toward a resolution directly.
I directed that a case conference be convened in order to progress this matter, that has been scheduled for January 2025.
I have received a communication from counsel for the applicant, advising that significant inroads have been made toward a resolution directly, but there is a remaining issue that will require a decision from the Environment Court or consent authority around Resource Consent issues. I am advised by the Applicant that this matter in the Tribunal cannot proceed until the above process has concluded.
It is not appropriate that the Tribunal keep this matter open under case management while an ancillary proceeding is underway, particularly without any firm expectation around timeframes. That being the case I direct that this claim in the Tribunal be closed, however in the event the matter is not resolved directly, then the Applicant may request the Tribunal reopen this application, and we will reschedule a hearing then.

R Woodhouse

11 November 2024

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Unit Titles Auckland

Residential Tenancies Act sections

s0800, s1

Key findings

Dispute theme: unit titles

Property management

LS ALEXANDRA PARK LIMITED (respondent)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was the outcome of Tenancy Tribunal case 9048564?

The tribunal order states: This application before the Tribunal is to be closed. In the event the dispute is not

How much money was awarded in case 9048564?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9048564?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9048564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11063179-Tribunal_Order.pdf.

Case details

Citation: [2024] NZTT Auckland | Tāmaki Makaurau 9048564
Tribunal: TENANCY TRIBUNAL AT Auckland | Tāmaki Makaurau

Adjudicator: R Woodhouse

Official MoJ PDF →

Related

Auckland tribunal insights
Unit Titles in Auckland
Explore all cases
National overview

Case details

Citation: [2024] NZTT Auckland | Tāmaki Makaurau 9048564
Tribunal: TENANCY TRIBUNAL AT Auckland | Tāmaki Makaurau

Adjudicator: R Woodhouse

Official MoJ PDF →

Related

Auckland tribunal insights
Unit Titles in Auckland
Explore all cases
National overview

Reproduces published Ministry of Justice tribunal text for research — not legal advice.

Reduce avoidable tribunal risk with proper tenant checks. Order a Tenantcheck →

Adjudicator

R Woodhouse

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.

Jump to section

OF THE TRIBUNAL

Order

OF THE TRIBUNAL

This application before the Tribunal is to be closed. In the event the dispute is not resolved directly, the Applicant may request this claim to be reopened, and a hearing will be set down at that time.

Reasons

The Tribunal has received an application from two co-unit owners against the body corporate, another unit owner and a unit occupier.
In short, the applicants own an apartment in a unit titled complex. The applicants are troubled by noise which they say arises from a Lone Star restaurant operated by LS Alexandra Park Limited (the occupant). The restaurant operates from premises leased from Auckland Trotting Club Incorporated (the respondent unit owner).
This matter first came to a hearing on 19 March 2024, and was adjourned so that the parties can work toward a resolution directly.
I directed that a case conference be convened in order to progress this matter, that has been scheduled for January 2025.
I have received a communication from counsel for the applicant, advising that significant inroads have been made toward a resolution directly, but there is a remaining issue that will require a decision from the Environment Court or consent authority around Resource Consent issues. I am advised by the Applicant that this matter in the Tribunal cannot proceed until the above process has concluded.
It is not appropriate that the Tribunal keep this matter open under case management while an ancillary proceeding is underway, particularly without any firm expectation around timeframes. That being the case I direct that this claim in the Tribunal be closed, however in the event the matter is not resolved directly, then the Applicant may request the Tribunal reopen this application, and we will reschedule a hearing then.

R Woodhouse

11 November 2024

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Unit Titles Auckland

Residential Tenancies Act sections

s0800, s1

Key findings

Dispute theme: unit titles

Property management

LS ALEXANDRA PARK LIMITED (respondent)

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was the outcome of Tenancy Tribunal case 9048564?

The tribunal order states: This application before the Tribunal is to be closed. In the event the dispute is not

How much money was awarded in case 9048564?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9048564?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9048564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11063179-Tribunal_Order.pdf.

Case details

Citation: [2024] NZTT Auckland | Tāmaki Makaurau 9048564
Tribunal: TENANCY TRIBUNAL AT Auckland | Tāmaki Makaurau

Adjudicator: R Woodhouse

Official MoJ PDF →

Related

Auckland tribunal insights
Unit Titles in Auckland
Explore all cases
National overview

Case details

Citation: [2024] NZTT Auckland | Tāmaki Makaurau 9048564
Tribunal: TENANCY TRIBUNAL AT Auckland | Tāmaki Makaurau

Adjudicator: R Woodhouse

Official MoJ PDF →

Related

Auckland tribunal insights
Unit Titles in Auckland
Explore all cases
National overview

Reproduces published Ministry of Justice tribunal text for research — not legal advice.

Reduce avoidable tribunal risk with proper tenant checks. Order a Tenantcheck →