CITATION:Pepperill and Anor v CEO Housing [2023] NTSC 90
PARTIES:PEPPERILL, Joanne
and
STAFFORD, Jamesie
v
CHIEF EXECUTIVE OFFICER (HOUSING)
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT exercising Territory Jurisdiction
FILE NO:2022-01304-SC
DELIVERED: 2 October 2023
HEARING DATE: 6 September 2022
JUDGMENT OF: Barr J
CATCHWORDS:
LANDLORD AND TENANT – Residential tenancies – Northern Territory Civil and Administrative Tribunal – Applications under the Residential Tenancies Act 1999 seeking orders against respondent landlord for repairs and compensation – Concentration of uranium in drinking water more than three times safe level identified by the Australian Drinking Water Guidelines – Interpretation of term “habitable” in s 48(1)(a) Residential Tenancies Act 1999 – Applicants alleged premises not “habitable” – Tribunal found no breach of the Act – Water supplied by third party – Water quality not the responsibility of landlord – Held premises would not be habitable without running water – Water supplied with consent of the respondent – Respondent required to ensure that premises were habitable – In the circumstances respondent’s obligations extended to ensuring the safety of drinking water supplied to the applicants’ premises – Leave to appeal granted – appeal allowed
Residential Tenancies Act 1999, s 48(1)
Power and Water Corporation Act 1987, s 14A(1)(a) & (c).
Northern Territory Civil and Administrative Tribunal Act 2014, s 45, s 46, s 141
Belcher v McIntosh (1839) 174 ER 257; Proudfoot v Hart (1890) 25 QBD 42; Hall v Manchester Corporation (1915) 84 LJ Ch 732; Summers v Salford Corporation [1943] AC 283; Fine v Geier [2003] QSC 73; Gray v Queensland Housing Commission [2004] QSC 276; Slivak v Lurgi (Australia) Pty Ltd (2001) 205 CLR 304; Shrestha v Minister for Immigration and Border Protection (2018) 264 CLR 151; Young and Conway v Chief Executive Officer (Housing) [2020] 355 FLR 290; Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497, referred to
Chief Executive Officer (Housing) v Young [2022] NTCA 1, considered
REPRESENTATION:
Counsel:
Applicants:M Albert
Respondent: T Moses
Solicitors:
Applicants: Australian Lawyers for Remote Aboriginal Rights
Respondent: Minter Ellison
Judgment category classification: B
Judgment ID Number: Bar2312
Number of pages: 25
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINPepperill and Anor v CEO Housing [2023] NTSC 90
No. 2022-01304-SC
IN THE MATTER of an application for leave to appeal, pursuant to
s 141(2) Northern Territory Civil and Administrative Tribunal Act 2014BETWEEN:
JOANNE PEPPERILL
First Applicant
AND:
JAMESIE STAFFORD
Second Applicant
AND:
CHIEF EXECUTIVE OFFICER (HOUSING)
Respondent
CORAM: BARR J
REASONS FOR DECISION
(Delivered 2 October 2023)
The respondent is a body corporate sole with perpetual succession. One of its functions is to provide and to assist in the provision of residential accommodation.[1] In the exercise of its powers and the performance of its functions, it is subject to the directions of the Minister.[2]
The respondent is the landlord of a significant number of residences in the…
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- AGLC
- Pepperill v CEO Housing [2023] NTSC 90
- Case
- [2023] NTSC 90
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the interpretation of the term "habitable" under section 48(1)(a) of the Act, specifically whether the landlord's obligation to ensure the property was habitable extended to the quality of the drinking water supplied to the property. The applicants contended that the presence of uranium in the drinking water rendered the premises uninhabitable, and the landlord should be held responsible for ensuring the safety of the drinking water. The landlord argued that the water supply was the responsibility of a third party and that the tribunal was correct in finding that the landlord was not liable for the water quality.
The court allowed the appeal, finding that the tribunal had erred in its interpretation of the term "habitable". The court held that the landlord's obligation to ensure the property was habitable extended to the safety of the drinking water supplied to the property. The court found that the landlord was responsible for ensuring the safety of the drinking water, given that the water supply was provided with the landlord's consent. The court held that in the circumstances, the landlord's obligations extended to ensuring the safety of the drinking water supplied to the applicants' premises. The court allowed the appeal on ground 1(a) and proposed to set aside the tribunal's decision on account of the error(s) of law identified in [47]. The court directed the applicants to file and serve a minute of proposed orders consistent with these reasons, and the matter was listed for further argument if there was any dispute between the parties in relation to such orders.
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