What was the outcome of Tenancy Tribunal case 4907413?

The tribunal order states: Jennifer May Scott must pay Stacey Samuel Kirby and Kelsey Marie Martini-

How much money was awarded in case 4907413?

Legal Costs: $3,750.00 awarded to landlord

What type of tenancy dispute was case 4907413?

The dispute type was not classified.

Where can I read the official tribunal order for case 4907413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10665689-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4907413?

The tribunal order states: Jennifer May Scott must pay Stacey Samuel Kirby and Kelsey Marie Martini-

How much money was awarded in case 4907413?

Legal Costs: $3,750.00 awarded to landlord

What type of tenancy dispute was case 4907413?

The dispute type was not classified.

Where can I read the official tribunal order for case 4907413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10665689-Tribunal_Order.pdf.

7 Dickson Street, Macandrew Bay, Dunedin 9014 Tenancy Tribunal Case 4907413 — Tenancy dispute

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7 Dickson Street, Macandrew Bay, Dunedin 9014 Tenancy Tribunal Case 4907413 — Tenancy dispute | TenantCheck

Claims & awards

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

Claims and awards in Tenancy Tribunal application 4907413 — net $3,750.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Solicitor's costs	$3,750.00	Solicitor's costs
Net award	$3,750.00
Total payable by Tenant to Landlord	$3,750.00

Claims and awards for application 4907413 — net $3,750.00 NZD. Verify on MoJ.

Solicitor's costs

Amount: $3,750.00
Awarded to: Landlord
Reason: Solicitor's costs

Net award

Landlord $3,750.00

Total payable by Tenant to Landlord

Landlord $3,750.00

Claim types — money lines allowed on this order

Legal Costs

Order

Jennifer May Scott must pay Stacey Samuel Kirby and Kelsey Marie Martini- Sinclair $3,750.00 immediately.

Reasons

This matter was heard on 3 July 2024 by way of a teleconference.
An order was issued on 4 July 2024 in favour of the owner.
The owner had been represented by counsel at the hearing.
The owner sought costs. The parties were invited to make written submissions on the issue of costs if they were unable to agree. The parties have been unable to agree. Counsel for the owner has filed submissions as to costs. The occupant has not.
The memorandum filed by the owner states that actual costs incurred by the owner amount to $3,750.00.
Cost in accordance with category 1A of the District Court Rules would be appropriate for proceedings of this nature. When applying the costs in that category, the owner would be entitled to a costs award of approximately $6,000.00. The actual costs incurred are substantially less than that.
Generally costs are not awarded in the Tribunal except in limited circumstances. Section 102 RTA confirms that the Tribunal may award costs where and party is represented by counsel. The costs are to be “reasonable” ((see s.102(3) RTA).
The High Court confirmed in Holden v Architectural Fisheries Ltd (1997) 3 NZLR, 143 that the payment would generally fall somewhere between 40% to 70% of actual costs. The Court set out the relevant factors for consideration in arriving at a final figure. They include; • The length of the hearing. • The sum of money involved. • The legal or factual complexity. • Whether an argument lacking substance was advanced. • The degree of success.
In David Blair Ltd v Hawkins Arms and Engineering Ltd (no 2) (1988) 1 PRNZ. 162, the High Court added to the factors to be considered, the amount of time for effective preparation and the actual solicitor and client costs.
Taking all of these factors into account and the costs schedule in Schedule 4 of the District Court Rules, I consider that an award of costs of $3,750.00 in favour of the owner is a reasonable one.

Claims & awards

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

Claims and awards in Tenancy Tribunal application 4907413 — net $3,750.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Solicitor's costs	$3,750.00	Solicitor's costs
Net award	$3,750.00
Total payable by Tenant to Landlord	$3,750.00

Claims and awards for application 4907413 — net $3,750.00 NZD. Verify on MoJ.

Solicitor's costs

Amount: $3,750.00
Awarded to: Landlord
Reason: Solicitor's costs

Net award

Landlord $3,750.00

Total payable by Tenant to Landlord

Landlord $3,750.00

Claim types — money lines allowed on this order

Legal Costs

Order

Jennifer May Scott must pay Stacey Samuel Kirby and Kelsey Marie Martini- Sinclair $3,750.00 immediately.

Reasons

This matter was heard on 3 July 2024 by way of a teleconference.
An order was issued on 4 July 2024 in favour of the owner.
The owner had been represented by counsel at the hearing.
The owner sought costs. The parties were invited to make written submissions on the issue of costs if they were unable to agree. The parties have been unable to agree. Counsel for the owner has filed submissions as to costs. The occupant has not.
The memorandum filed by the owner states that actual costs incurred by the owner amount to $3,750.00.
Cost in accordance with category 1A of the District Court Rules would be appropriate for proceedings of this nature. When applying the costs in that category, the owner would be entitled to a costs award of approximately $6,000.00. The actual costs incurred are substantially less than that.
Generally costs are not awarded in the Tribunal except in limited circumstances. Section 102 RTA confirms that the Tribunal may award costs where and party is represented by counsel. The costs are to be “reasonable” ((see s.102(3) RTA).
The High Court confirmed in Holden v Architectural Fisheries Ltd (1997) 3 NZLR, 143 that the payment would generally fall somewhere between 40% to 70% of actual costs. The Court set out the relevant factors for consideration in arriving at a final figure. They include; • The length of the hearing. • The sum of money involved. • The legal or factual complexity. • Whether an argument lacking substance was advanced. • The degree of success.
In David Blair Ltd v Hawkins Arms and Engineering Ltd (no 2) (1988) 1 PRNZ. 162, the High Court added to the factors to be considered, the amount of time for effective preparation and the actual solicitor and client costs.
Taking all of these factors into account and the costs schedule in Schedule 4 of the District Court Rules, I consider that an award of costs of $3,750.00 in favour of the owner is a reasonable one.

Tenancy Tribunal case 4907413 — Tenancy dispute at 7 Dickson Street, Macandrew Bay, Dunedin 9014

At a glance

Tenancy Tribunal case 4907413 — Tenancy dispute at 7 Dickson Street, Macandrew Bay, Dunedin 9014

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions