I am proceeding with a claim against a previous property manager for not vetting (screening)the tenants properly. This resulted in a 10k dollar loss to my company. It is important thatI am able to use discovery to require him to produce the tenancy records. This includes the credit, references, rental agreements, bond and rent records. I understand that in the disputestribunal there is a referee who can make a decision on what the defendent in the claim is required to produce. What is my best approach and how do I learn about this process.
I have had some answers from just answer. I had a short meeting with a solicitor who didn't know anything about the referee and the disputes tribunal. I am about to go to the New Plymouth disputes tribunal and ask about the referee rules.
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
This is not the same as the discovery process in the District Court where you could obtain all of this evidence by a court order. In the Tribunal the process is that you can ask the referee to order that the other party produce copies of the documents to enable a fair hearing. There is nothing specific in the Disputes Tribunal Act which provides for this however, except section 40.
(1)Evidence tendered to a Tribunal by or on behalf of a party to any proceedings need not be given on oath, but the Tribunal may at any stage of the proceedings require that such evidence, or any specified part of such evidence, be given on oath, whether orally or in writing.
(2)A Tribunal may, on its own initiative, seek and receive such other evidence and make such other investigations and inquiries as it thinks fit.
(3)All evidence and information received or ascertained under subsection (2) shall be disclosed to every party, and every party shall be given an opportunity to comment on it.
(4)A Tribunal may receive and take into account any relevant evidence or information, whether or not that evidence or information would normally be admissible in a court of law.
LLB MMgt FAMINZ 32 years qualified as lawyer
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