Young v Chief Executive Officer (Housing)Citation:[2023] HCA 31Before:Kiefel CJ, Gageler, Gordon, Edelman, Gleeson JJDate:01 Nov 2023Case Number:D5/2022Read more

The Tribunal is empowered by s 122(1) of the Residential Tenancies Act 1999 (NT) to order compensation for distress and disappointment suffered by a tenant due to a landlord's breach of the statutory tenancy agreement, as the provision does not incorporate the common law remoteness limitation requiring physical inconvenience.

Parties: Tenant: [Redacted]; Landlord: [Redacted]
Jurisdiction: Australia
Judgment Date: 01 November 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: Appeal allowed
Legal Topics: Compensation for Distress and Disappointment, Remoteness of Damages, Statutory Duties Under Tenancy Agreements

Landlord and Tenant Law Statutory Interpretation Compensation for Distress and Disappointment Remoteness of Damages Statutory Duties Under Tenancy Agreements

Case Brief

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Parties

[Redacted]

Tenant

[Redacted]

Landlord

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the Tribunal may order compensation for distress and disappointment under s 122(1) of the Residential Tenancies Act 1999 (NT)
2 Whether common law principles of remoteness are incorporated into s 122(1)
3 Whether compensation for distress and disappointment is recoverable absent physical inconvenience

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The Tribunal's decision is set aside.
The matter is remitted to the Tribunal for determination of compensation consistent with this judgment.