Samir Tarjali Diab v The State of NSW and Others [2006] NSWDC 66

Samir Tarjali Diab v The State of NSW and Others [2006] NSWDC 66

The plaintiff was a subtenant protected by the Residential Tenancies Act 1987; the Kellehers breached the covenant for quiet enjoyment only by interfering with the plaintiff's goods, warranting nominal damages. The NSW Police, by directing the plaintiff to vacate prior to expiration of his lawful tenancy, committed trespass to land, but the damages suffered were not compensatory as no natural and probable consequence of psychiatric injury was proved and the plaintiff was not of normal fortitude. Thus, only general damages for trespass ($5000) were appropriate.

Jurisdiction
Australia
Judgment Date
12 April 2006
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff in part. Judgment for the first defendant (NSW) on claims for assault and intimidation. Judgment for plaintiff against first defendant for $5000. Judgment for plaintiff against third and fourth defendants for $50. Plaintiff to pay third and fourth defendants' costs. First defendant to pay one...
Legal Topics
['trespass to Land' 'assault' 'breach of Covenant for Quiet Enjoyment' 'residential Tenancies' 'subtenancy Vs Lodger Status' 'compensatory Damages' 'nominal Damages']
['tort Law' 'tenancy Law'] ['trespass to Land' 'assault' 'breach of Covenant for Quiet Enjoyment' 'residential Tenancies' 'subtenancy Vs Lodger Status' 'compensatory Damages' 'nominal Damages']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was a subtenant or a lodger' 'Whether the Kellehers breached the covenant for quiet enjoyment' 'Whether members of the NSW Police committed trespass to land or assault in removing the plaintiff' 'Whether the plaintiff is entitled to compensatory or only nominal damages for breach or trespass' "When the plaintiff's tenancy expired and the legal effect of police action"]

Ratio Decidendi

The plaintiff was a subtenant protected by the Residential Tenancies Act 1987; the Kellehers breached the covenant for quiet enjoyment only by interfering with the plaintiff's goods, warranting nominal damages. The NSW Police, by directing the plaintiff to vacate prior to expiration of his lawful tenancy, committed trespass to land, but the damages suffered were not compensatory as no natural and probable consequence of psychiatric injury was proved and the plaintiff was not of normal fortitude. Thus, only general damages for trespass ($5000) were appropriate.

Court Disposition

Judgment for plaintiff in part. Judgment for the first defendant (NSW) on claims for assault and intimidation. Judgment for plaintiff against first defendant for $5000. Judgment for plaintiff against third and fourth defendants for $50. Plaintiff to pay third and fourth defendants' costs. First defendant to pay one...

Orders

  • ['Verdict and judgment for the plaintiff against the first defendant for $5000.' "I order the first defendant to pay one third of the plaintiff's costs of his action against the first defendant." "On the plaintiff's claim against the first defendant for damages for assault, there will be verdict and judgment for the...