He v Bai

[2014] NZHC 1369

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-004931 [2014] NZHC 1369

BETWEEN

JUN HE

Appellant

AND

CYNTHIA BAI Respondent

Hearing:	On the papers
Judgment:	18 June 2014

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 18 June 2014 at 3.00 pm

pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date……………………….

HE v BAI [2014] NZHC 1369 [18 June 2014]

[1]      In my decision delivered on 1 April 2014 I dismissed Mr He’s appeal brought under s 119 of the Residential Tenancies Act 1986 (RTA).  Mr He has now sought leave to appeal my decision.

[2]      Mr He makes his application under Part 2 of the Court of Appeal (Civil) Rules 2005.  However, the application is properly brought under s 120 RTA which provides that any party to an appeal under s 119 may appeal the determination with the leave of the High Court or (if that leave is refused) for special leave of the Court of Appeal.

[3]      Section 120(2) provides that:

An application to the High Court for leave to appeal to the Court of Appeal under this section shall be brought, in accordance with the rules of the Court, within 15 working days after the determination of the High Court, or within such further time as the High Court may allow; the High Court may grant leave accordingly if, in its opinion, the appeal involves a question of law that, because of its general or public importance or for any other reasons, ought to be submitted to the Court of Appeal for a decision.

[4]      The grounds for Mr He’s appeal from the Tenancy Tribunal’s decision were difficult to identify but I was satisfied that they did not involve a question of law. Nor do any questions of law appear from his application for leave to appeal, much less a question of law that is of general or public importance.  Nor is there any other reason that this matter justifies a second appeal.

[5]      Mr He’s application for leave to appeal is dismissed.

P Courtney J