RAUE V HARCOURTS HAMILL REALITY & ANOR (CA)

We acted for Hamill Realty Ltd in successfully defending an application by the Appellant, Ms Raue, through which she sought to file her case on appeal out of time.

The procedural history of this matter is lengthy. It starts in the Tenancy Tribunal. Ms Raue was in significant rental arrears, and it was on that basis that the Tenancy Tribunal terminated her tenancy, and she was evicted. Ms Raue sought to appeal her eviction to the District Court. The District Court dismissed her appeal on the basis she had no arguable case. Ms Raue then sought leave from the High Court to appeal the District Court’s decision, out of time. The High Court dismissed her application for leave to appeal the District Court’s decision out of time largely on the same basis her appeal to the District Court was dismissed, that she had no arguable case. Ms Raue then sought to appeal the High Court’s decision to the Court of Appeal. Ms Raue did not file her case on appeal on time and so she sought an extension of time to file her case on appeal.

The Court of Appeal dismissed Ms Raue’s application to file her case on appeal out of time on the basis that her appeal has little to no prospect of success. This was a great result for our client because it ended the prospect of a further appeal.