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Allowed in PartNSW Civil and Administrative Tribunal (Appeal Panel)·

Tenant Entitled to Mental Distress and Aggravated Damages Due to Breach of Contract

Case No.

⚖️ Legal holding

A tenant is entitled to claim for mental distress and aggravated damages resulting from a breach of contract by the landlord.

Topics

Landlord and TenantResidential Tenancies Act

Provisions

Residential Tenancies Act 2010 (NSW) ss 18, 44, 50, 81, 82, 85, 120, 187Civil Liability Act 2002 (NSW) Pt 2, s 16

📚 Full judgment

The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.

📄 Read the full judgment⚖️ View on the official court website ↗

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The tenant can claim for mental distress due to the landlord's breach of contract.
  • The tenant can claim for aggravated damages due to the landlord's breach of contract.

❌ Tends to be rejected

  • The tenant's claim for lost career prospects was not accepted because it did not fall within the established rule for recovering damages for breach of contract.
  • The tenant's claim for excessive rent was not accepted because it did not meet the criteria set by the Residential Tenancies Act for assessing excessive rent.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What was the dispute about?

The dispute was about whether a tenant could claim for mental distress and aggravated damages due to a breach of contract by the landlord.

How did the court decide, and why?

The court decided to send the claims back to a different panel of judges because the original decision did not provide adequate reasons for dismissing these claims.

Which laws or rules were applied?

The Residential Tenancies Act 2010 (NSW) and the Civil Liability Act 2002 (NSW) were applied.

What was the argument that mattered most?

The argument that mattered most was that the original decision did not provide sufficient reasons for dismissing the claims for mental distress and aggravated damages.

Was the decision for or against the person who brought the case?

The decision was for the person who brought the case, allowing the claims for mental distress and aggravated damages to be reconsidered.

What does this mean for someone in a similar situation?

Someone in a similar situation may be able to claim for mental distress and aggravated damages if they can show that the landlord breached the contract.

What evidence or documents mattered?

The judgment does not specify the exact evidence or documents that mattered.

Official source: NSW Civil and Administrative Tribunal (Appeal Panel) — this page does not reproduce the decision; it links to the court's own publication. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the NSW Civil and Administrative Tribunal (Appeal Panel) and is reproduced from NSW Caselaw (© State of New South Wales) under its published republication policy. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
Tenant Entitled to Mental Distress and Aggravated Damages | VadeLab