Corcoran v Far [2018] NSWCATAP 13

Corcoran v Far [2018] NSWCATAP 13

The Tribunal erred by failing to award any general damages for breach of the residential tenancy agreement where loss was established from unlawful exclusion, as it was required to do under the general law. The respondent's conduct constituted repudiation; the appellant accepted this and terminated the tenancy. The appellant was entitled to damages for direct economic loss and general damages for inconvenience, but not to aggravated damages or costs. The discretion not to award relief miscarried because the Tribunal must act according to law where loss is proved.

Jurisdiction
Australia
Judgment Date
08 January 2018
Procedural Posture
Civil Appeal / Appeal From Consumer and Commercial Division Decision
Outcome
Appeal allowed in part. Compensation awarded for damages.
Legal Topics
['residential Tenancy Agreement' 'damages for Breach' 'repudiation' 'quiet Enjoyment' 'wrongful Eviction' 'jurisdiction of Tribunal']
['tenancy' 'contract'] ['residential Tenancy Agreement' 'damages for Breach' 'repudiation' 'quiet Enjoyment' 'wrongful Eviction' 'jurisdiction of Tribunal']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From Consumer and Commercial Division Decision

Legal Issues

  1. 1 ['Whether the Tribunal erred in refusing compensation for breach of residential tenancy agreement following eviction and alleged repudiation.' "Whether the respondent's exclusion of the appellant amounted to unlawful termination and breach of the right to quiet enjoyment." 'Whether damages for economic and non-economic loss arising from lockout should be awarded.' "Whether Tribunal's discretion to refuse relief was exercised according to law."]

Ratio Decidendi

The Tribunal erred by failing to award any general damages for breach of the residential tenancy agreement where loss was established from unlawful exclusion, as it was required to do under the general law. The respondent's conduct constituted repudiation; the appellant accepted this and terminated the tenancy. The appellant was entitled to damages for direct economic loss and general damages for inconvenience, but not to aggravated damages or costs. The discretion not to award relief miscarried because the Tribunal must act according to law where loss is proved.

Court Disposition

Appeal allowed in part. Compensation awarded for damages.

Orders

  • ['The appeal is allowed in part.' 'Order 2 made 23 May 2017 is set aside and substituted: The respondent Peter Far is to pay the applicant Aaron Corcoran the sum of $615.00 as damages immediately.' 'Save as provided in order 2, the appeal is otherwise dismissed.' 'Each party is to pay their own costs of the appeal...