Crook v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 974

Crook v Consumer, Trader & Tenancy Tribunal & Anor [2003] NSWSC 974

The Tribunal did not err in its interpretation of 'injury' under s 68(1)(b) of the Residential Tenancies Act 1987; 'injury' encompasses psychological and emotional harm as well as physical injury. There was evidence before the Tribunal capable of satisfying its requirements, and the Briginshaw test was not misapplied. No error of law was established to justify disturbing the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
29 October 2003
Procedural Posture
Appeal / Judgment
Outcome
Summons dismissed; appeal fails.
Legal Topics
['termination of Tenancy' "interpretation of 'injury' Under S 68 of Residential Tenancies Act 1987" 'standard of Proof in Tribunal Proceedings']
['administrative Law' 'tenancy Law'] ['termination of Tenancy' "interpretation of 'injury' Under S 68 of Residential Tenancies Act 1987" 'standard of Proof in Tribunal Proceedings']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the term 'injury' in s 68(1)(b) of the Residential Tenancies Act 1987 includes psychological injury" 'Whether proof of injury requires proof of a recognisable psychiatric illness or condition' 'The evidence required to establish satisfaction of s 68(1)(b) requirements' 'The application of the Briginshaw standard under s 68(1)(b)']

Ratio Decidendi

The Tribunal did not err in its interpretation of 'injury' under s 68(1)(b) of the Residential Tenancies Act 1987; 'injury' encompasses psychological and emotional harm as well as physical injury. There was evidence before the Tribunal capable of satisfying its requirements, and the Briginshaw test was not misapplied. No error of law was established to justify disturbing the Tribunal's decision.

Court Disposition

Summons dismissed; appeal fails.

Orders

  • ['The Summons is dismissed.' 'The plaintiff is to pay the costs of the Summons.' 'The Exhibits may be returned.' 'Any existing stay is set aside.']