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Appeal from order of Residential Tenancies Board was filed too late
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The High Court, in a preliminary hearing, dismissed an appeal against a Determination Order by the Residential Tenancies Board (RTB), on the grounds that the appellant served a notice of motion outside the 21-day statutory period required by the Residential Tenancies Act 2004. The court found that the appellant's notice of motion, although dated within the appeal period, was not officially issued by the Central Office of the High Court until after the deadline had passed. Consequently, the court determined it lacked jurisdiction to extend the appeal period, rendering the appellant's application inadmissible.
Residential Tenancies Board (RTB), Determination Order, appeal, High Court, Residential Tenancies Act 2004, statutory time limit, notice of motion, Central Office of the High Court, jurisdiction, extension of time, in limine, Legal Services Regulation Act 2015, Rules of the Superior Courts (RSC), Noone v RTB, Keon v Gibbs, costs follow the event.
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