Violet v Ghaderi-Araghi [2017] NSWCATAP 134

Violet v Ghaderi-Araghi [2017] NSWCATAP 134

The Tribunal did not err in awarding $2,000 compensation. It was open to award non-economic compensation for loss of enjoyment of the premises caused by the unlawful lock out, consistently with Tralee. Reading the reasons as a whole, the Tribunal adequately identified the facts supporting compensation, including the unlawful lock out, the tenant's homelessness for two weeks, storage of goods, purchase of cooked meals and storage costs. The tenant's evidence, accepted by the Tribunal, was probative evidence even without corroboration. The amount awarded was appropriate and within the range of relevant decisions and community expectations, so no substantial miscarriage of justice was shown.

Jurisdiction
Australia
Judgment Date
20 June 2017
Procedural Posture
Internal Appeal From a Decision of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal Concerning Residential Tenancy Compensation / Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal on an issue other than error of law refused; stay lifted.
Legal Topics
['verbal Residential Tenancy Agreement' 'unlawful Lock Out by Landlord' 'termination Notice' 'compensation for Loss of Enjoyment of Residential Premises' 'non Economic Loss' 'adequacy of Reasons' 'no Evidence Ground' 'leave to Appeal']
['residential Tenancy Law' 'administrative Appeals'] ['verbal Residential Tenancy Agreement' 'unlawful Lock Out by Landlord' 'termination Notice' 'compensation for Loss of Enjoyment of Residential Premises' 'non Economic Loss' 'adequacy of Reasons' 'no Evidence Ground' 'leave to Appeal']

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Procedural Posture

Internal Appeal From a Decision of the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal Concerning Residential Tenancy Compensation / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal erred in awarding $2,000 compensation for discomfort and loss of enjoyment of the premises after the tenant was locked out.' 'Whether the Tribunal gave adequate reasons for the amount of compensation awarded.' "Whether there was probative evidence to support the finding that the tenant was without accommodation due to the landlord's actions." 'Whether leave to appeal should be granted on the basis of substantial miscarriage of justice because the decision was against the weight of evidence.']

Ratio Decidendi

The Tribunal did not err in awarding $2,000 compensation. It was open to award non-economic compensation for loss of enjoyment of the premises caused by the unlawful lock out, consistently with Tralee. Reading the reasons as a whole, the Tribunal adequately identified the facts supporting compensation, including the unlawful lock out, the tenant's homelessness for two weeks, storage of goods, purchase of cooked meals and storage costs. The tenant's evidence, accepted by the Tribunal, was probative evidence even without corroboration. The amount awarded was appropriate and within the range of relevant decisions and community expectations, so no substantial miscarriage of justice was shown.

Court Disposition

Appeal dismissed; leave to appeal on an issue other than error of law refused; stay lifted.

Orders

  • ['The appeal is dismissed.' 'Leave to appeal on an issue other than error or law is refused.' "The stay of the Tribunal's order of 28 February 2016 lifted."]