Quader v Nguyen [2022] NSWCATAP 128

Quader v Nguyen [2022] NSWCATAP 128

The first instance Tribunal made an error of law by failing to consider the appellants' clearly raised and supported claim for compensation for additional internet costs resulting from the absence of an NBN connection. Applying compensatory principles, the recoverable direct loss was $2,112.68 for 12 months and 11 days at $171 per month. The claimed loss of income was not recoverable as consequential loss because it did not arise naturally from the absence of an NBN connection and was not shown to have been within both parties' contemplation when the tenancy agreement was made. The other challenged findings did not disclose error of law or warrant leave, and no substantial miscarriage of...

Jurisdiction
Australia
Judgment Date
02 May 2022
Procedural Posture
Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Decision on Appeal From the Consumer and Commercial Division
Outcome
Appeal upheld in relation to the award of $890.00; order varied to substitute $2,402.68; leave to appeal refused.
Legal Topics
['rent Reduction for Reduction or Withdrawal of Services' 'compensation for Additional Internet Costs' 'consequential Loss' 'leave to Appeal' 'error of Law' 'substantial Miscarriage of Justice']
['residential Tenancy Law' 'administrative Appeals' 'compensation'] ['rent Reduction for Reduction or Withdrawal of Services' 'compensation for Additional Internet Costs' 'consequential Loss' 'leave to Appeal' 'error of Law' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Internal Appeal in Residential Tenancy Proceedings / Appeal Panel Decision on Appeal From the Consumer and Commercial Division

Legal Issues

  1. 1 ["Whether the Tribunal at first instance erred in failing to consider the appellants' claim for compensation for additional internet costs caused by the absence of an NBN connection." 'Whether the amount awarded for rent reduction or compensation should be increased, including for the lack of NBN, telephone connection, television antenna, driveway usability and a back patio fan.' 'Whether loss of income was recoverable as consequential loss arising from the absence of an NBN connection.' 'Whether leave to appeal should be granted on the basis that the decision was not fair and equitable or was against the weight of the evidence.']

Ratio Decidendi

The first instance Tribunal made an error of law by failing to consider the appellants' clearly raised and supported claim for compensation for additional internet costs resulting from the absence of an NBN connection. Applying compensatory principles, the recoverable direct loss was $2,112.68 for 12 months and 11 days at $171 per month. The claimed loss of income was not recoverable as consequential loss because it did not arise naturally from the absence of an NBN connection and was not shown to have been within both parties' contemplation when the tenancy agreement was made. The other challenged findings did not disclose error of law or warrant leave, and no substantial miscarriage of...

Court Disposition

Appeal upheld in relation to the award of $890.00; order varied to substitute $2,402.68; leave to appeal refused.

Orders

  • ['The appeal in relation to the award of $890.00 to the appellants is upheld.' 'Order 1 made by the Tribunal on 21 December 2021 is varied by substituting the sum of $2,402.68 for the sum of $890.00 referred to in that order.' 'Leave to appeal is refused.']