Worrall v Commissioner for Housing for the Australian Capital Territory [2002] FCAFC 127

FEDERAL COURT OF AUSTRALIA Worrall v Commissioner for Housing for the Australian Capital Territory [2002] FCAFC 127

APPEAL – Residential Tenancies Tribunal – appeal against judgment on appeal from decision of the Residential Tenancies Tribunal refusing rent reduction under s 71 of the Residential Tenancies Act 1997 or alternatively compensation for breach of prescribed term 52 -– consideration on appeal of ground of complaint not raised before the Residential Tenancies Tribunal – whether gardens and lawns were part of the "premises" referred to in the Acknowledgment of Tenancy – they were not – whether the Tribunal was in error in not fixing damages because the particular degree of inconvenience and annoyance suffered by the appellant could not be specified – it was not – whether the Tribunal erred in its assessment of the extent of the diminution of the appellant's enjoyment of the premises – it did not – whether it was necessary to find a "significant diminution" in order to make an award of compensation – it was – whether the Tribunal was guilty of appealable error in failing to find the appellant's "use or enjoyment of the premises" had "diminished significantly" as a result of the works undertaken about the demised premises – it was not – whether the Tribunal was guilty of an error of law in concluding that prescribed term 52 was not breached if the respondent carried out necessary repairs and renovations in a reasonable manner – it was, but error was not fatal to result – extent of appellate jurisdiction conferred by s 126 of the Residential Tenancies Act 1997 to review of findings or inferences. Residential Tenancies Act 1997 (ACT) Australian Capital Territory (Self-Government) Act 1988 (Cth) Re Nelson's Wine Tavern [1973-74] SALCR 230 State Government Insurance Commission v Fiorenti (1991) Aust Torts Reports ¶ 81-114 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Owen v Gadd [1956] 2 QB 99 Sanderson v Mayor of Berwick-on-Tweed (1884) 13 QBD 547 Hawkesbury Nominees Pty Ltd v Battik Pty Ltd [2000] FCA 185 Telex (Australia) Pty Ltd v Thomas Cook & Son (Australasia) Pty Ltd [1970]2 NSWR 257 Haig v Chesney [1925] SASR 82 Aldin v Latimer Clarke, Muirhead & Co [1894] 2 Ch 437 Lend Lease Development Pty Ltd v Zemlicka (1985) 3 NSWLR 207 Aussie Traveller Pty Ltd v Marklea Pty Ltd [1998] 1 Qd R 1 Martins Camera Corner Pty Ltd v Hotel Mayfair Ltd [1976] 2 NSWLR 15 Reid House Pty Ltd v Beneke (1986) 5 ACLC 451 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321