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The High Court refused an application by a statutory body to strike out an appeal by a tenant as being out of time, finding that the appeal was filed within the permitted 21-day window. While the statutory body argued that time began to run when the determination order was posted, the court held that the correct interpretation, consistent with strict construction principles and in light of recent Supreme Court authority, is that the period starts when the order is deemed delivered in the ordinary course of post. In this case, delivery was proven to have occurred the day after posting, meaning the appeal was timely. The court also noted the practical implications for service by post, but found that certainty could still be achieved through existing postal tracking methods.
appeal period – statutory interpretation – application to strike out – Residential Tenancies Board – determination order – service by post – Interpretation Act 2005 – Residential Tenancies Act 2004 – strict construction – delivery in ordinary course of post – constitutional right to litigate – extension of time – High Court jurisdiction – precedent – recorded/express post
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