Helen Collins v Link Housing Pty Ltd [2015] NSWCATCD 63

Helen Collins v Link Housing Pty Ltd [2015] NSWCATCD 63

The applicant was not entitled to further compensation because physical inconvenience was caught within the expanded definition of injury arising from Insight Vacations Pty Ltd v Young and the evidence did not demonstrate an entitlement to non-economic loss exceeding the Civil Liability Act threshold. In any event, the parties had already agreed to a rent reduction for loss of amenities for the whole period of the claim, and awarding separate compensation for physical inconvenience would risk double counting.

Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Residential Tenancy Application Seeking Excessive Rent Orders, Compensation and Repairs / Formal Hearing on Remaining Claim for Compensation for Physical Inconvenience After Consent Orders Were Made
Outcome
Consent orders were confirmed and the application for further compensation for physical inconvenience was dismissed.
Legal Topics
['rent Reduction for Loss of Amenities' 'repairs and Essential Services' 'non Economic Loss' 'physical Inconvenience' 'civil Liability Act Threshold']
['residential Tenancies' 'civil Liability' 'compensation'] ['rent Reduction for Loss of Amenities' 'repairs and Essential Services' 'non Economic Loss' 'physical Inconvenience' 'civil Liability Act Threshold']

Case Brief

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Procedural Posture

Residential Tenancy Application Seeking Excessive Rent Orders, Compensation and Repairs / Formal Hearing on Remaining Claim for Compensation for Physical Inconvenience After Consent Orders Were Made

Legal Issues

  1. 1 ['Whether the applicant was entitled to further compensation for physical inconvenience arising from lack of hot water between 2 January 2015 and 17 March 2015.' 'Whether physical inconvenience could be assessed separately from non-economic loss constrained by s 16 of the Civil Liability Act 2002.' 'Whether awarding further compensation would double count loss already addressed by the agreed rent reduction for loss of amenities.']

Ratio Decidendi

The applicant was not entitled to further compensation because physical inconvenience was caught within the expanded definition of injury arising from Insight Vacations Pty Ltd v Young and the evidence did not demonstrate an entitlement to non-economic loss exceeding the Civil Liability Act threshold. In any event, the parties had already agreed to a rent reduction for loss of amenities for the whole period of the claim, and awarding separate compensation for physical inconvenience would risk double counting.

Court Disposition

Consent orders were confirmed and the application for further compensation for physical inconvenience was dismissed.

Orders

  • ['The Tribunal confirms the orders made on 23 March 2015 whereby the respondent agreed to a rent reduction of $65.00 per week commencing from 2 January 2015 to 17 March 2015 amounting to a total of $694.52 to be paid to the applicant on or before 30 March 2015.' 'The Tribunal confirms the further order made on 23...