Higgins v Impact Real Estate Solutions

Higgins, as the tenant, brought a claim against Impact Real Estate Solutions, the real estate agent, in relation to photographs taken during routine inspections of the rented premises. The dispute was heard in the Supreme Court of New South Wales. The tenant argued that the agent breached the terms of the residential tenancy by photographing personal items in the property, which were not covered by the special terms allowing photographs of damage or defective items. The tenant sought compensation for the breach.

The legal issues in the case centred around whether the award of $20 in compensation was too little in the circumstances. The tenant argued that the agent's actions constituted a significant breach of privacy and that the award did not reflect the distress and inconvenience caused. The agent, on the other hand, contended that the compensation was appropriate given the minor nature of the breach and the lack of substantial harm to the tenant.

The court considered the general principles of appeal and the right of appeal, including the circumstances in which an award of compensation might be considered inadequate. The court noted that while the tenant's privacy had been breached, the distress caused was not of a significant magnitude to warrant a higher compensation. The court was satisfied that the award of $20 was not manifestly inadequate and therefore denied the tenant's application for leave to appeal.

The court's final orders were that the application for leave to appeal was refused. The $20 compensation awarded in the original decision was upheld.