Crook v Consumer, Trader & Tenancy Tribunal of NSW

The claimant, Ms Crook, sought to appeal a decision of the Consumer, Trader and Tenancy Tribunal of New South Wales (the Tribunal) to the Court of Appeal of New South Wales. The dispute concerned the interpretation of "injury" under section 68 of the *Residential Tenancies Act 1987* (NSW), specifically whether it encompassed only recognisable psychiatric illnesses or extended to other forms of emotional disturbance.

The primary legal issue before the Court of Appeal was the correct construction of the term "injury" as used in section 68 of the *Residential Tenancies Act 1987* (NSW). This involved determining whether the provision, which allowed for termination of a residential tenancy agreement in certain circumstances, was limited to situations where a tenant suffered a recognised psychiatric illness, or if it could apply to broader emotional distress or disturbance.

The Court of Appeal, comprising Mason P, Sheller and Ipp JJA, allowed the claimant's appeal. The Court reasoned that the term "injury" in section 68 was not confined to psychiatric illness but could include other forms of emotional disturbance. Consequently, the Court set aside the Tribunal's order terminating Ms Crook's residential tenancy agreement and dismissed the landlord's application for termination and vacant possession. The second opponent was ordered to pay Ms Crook's costs.