Anastopoulos v University of Sydney Union

In the Federal Court, Anastopoulos sought relief against the University of Sydney Union for a breach of the covenant for quiet enjoyment in relation to a residential tenancy. The applicant argued that the respondent had unreasonably interfered with his enjoyment of the premises by closing a sliding door without his consent, which was a critical access point to his living space. The applicant further contended that this action constituted a breach of the covenant for quiet enjoyment, which is an implied term in residential tenancies that guarantees a tenant's right to undisturbed possession and enjoyment of the premises.

The court was tasked with determining whether the respondent's actions constituted a breach of the covenant for quiet enjoyment and, if so, what remedy would be appropriate. The primary issue was whether the respondent's decision to close the sliding door without the applicant's consent constituted an unreasonable interference with the applicant's right to enjoy the premises. The court also considered whether any remedy should be imposed, and if so, what form that remedy should take.

The court found that the respondent's actions did indeed constitute an unreasonable interference with the applicant's right to enjoy the premises. It held that closing the sliding door without the applicant's consent was an interference with his right to quiet enjoyment, and the respondent's actions were not justified under any circumstances. The court further held that the remedy of ordering the respondent to reopen the sliding door was appropriate and proportionate to the breach. Consequently, the court ordered that the 2.9 metre sliding door must not be permanently closed. Either party may restore this matter for Directions Hearing after 28 days from publication of these Reasons.