Perkins v Barraket [2016] NSWCATCD 54

Perkins v Barraket [2016] NSWCATCD 54

The applicants are entitled to compensation for losses naturally flowing from the respondent’s breach of the residential tenancy agreement, but compensation is limited by the rules of remoteness and mitigation; only reasonable costs for alternate accommodation and associated expenses are compensable, not superior...

Source-derived case information.

Parties
Applicant: Christian Perkins; Applicant: Terrence Perkins; Respondent: Elias Barraket
Jurisdiction
Australia
Judgment Date
23 June 2016
Procedural Posture
Residential Tenancy Dispute / Remitted Rehearing for Assessment of Compensation After Appeal
Outcome
Application for disqualification dismissed; compensation awarded to applicants for economic and nominal non-economic loss.
Legal Topics
Assessment of Damages, Mitigation of Loss, Apprehended Bias
Tenancy Law Contract Law Assessment of Damages Mitigation of Loss Apprehended Bias

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Parties

Christian Perkins

Applicant

Terrence Perkins

Applicant

Elias Barraket

Respondent

Procedural Posture

Residential Tenancy Dispute / Remitted Rehearing for Assessment of Compensation After Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to compensation for losses suffered due to the landlord's breach of the tenancy agreement by failing to provide adequate security locks
  2. 2 Whether the Tribunal member should be disqualified for apprehended bias

Ratio Decidendi

The applicants are entitled to compensation for losses naturally flowing from the respondent’s breach of the residential tenancy agreement, but compensation is limited by the rules of remoteness and mitigation; only reasonable costs for alternate accommodation and associated expenses are compensable, not superior accommodation chosen by the applicant; no apprehended bias made out against the Tribunal member on the basis of the remarks or prior determination.

Court Disposition

Application for disqualification dismissed; compensation awarded to applicants for economic and nominal non-economic loss.

Orders

  • The respondent is to pay the applicants the amount of $3,766.37 immediately.