First Nations people living in remote dilapidated housing are entitled to compensation for distress or disappointment, the High Court has ruled.
The Court handed down its decision in the long-running battle between Aboriginal residents of Ltyentye Apurte (Santa Teresa), 85km southeast of Alice Springs, and the Northern Territory housing authority, which began in 2016.
The lead appellant’s case concerned the NT housing authority’s failure to provide a door to her premises for more than five years.
More than 70 other households in the same community brought claims for a range of issues, including leaking sewage, unstable electricity and no air conditioning.
Australian Lawyers for Remote Aboriginal Rights solicitor Dan Kelly, who has been representing the residents, told AAP the general view had been this type of compensation was only available for contracts that were for enjoyment, such as holidays and cruises.
Mr Kelly said the case expanded the ability of tenants to receive compensation when their housing was inadequate and they felt distress and disappointment as a result.
"What this case does is it shows that the common law will actually extend this type of compensation to other types of contracts, where the state of mind and what's actually been bargained for is some form of enjoyment or relaxation or protection," he said.
While the decision was welcomed by remote residents, it came too late for the two elderly Aboriginal people who brought it, Kwementyaye Young and Mr Conway.
"Ms Young and Mr Conway both showed incredible strength all through these proceedings up until they both passed away, they were really inspiring people," Mr Kelly said.
"It was a pleasure and an honour to know them and to be able to represent them in the court and I only wish that they were here to see this big win today."
The High Court made no decision regarding the amount of compensation, which will be decided when the case returns to the Northern Territory Court of Appeal.
"What it means is that when we go back to the Court of Appeal, we can argue that the many years that they were left living in these conditions and the psychological impacts that had on them, is worthy of compensation and the Northern Territory government should be held to account for that," Mr Kelly said.
He said the fact that the only course of remedy for his clients was to fight all the way to High Court for a decent standard of housing highlighted decades of neglect by governments.
"I think it's as simple as that: these people deserve what every other Australian citizen takes for granted and it's currently not being provided," he said.
"And until justice is done, we'll continue to fight on their behalf."
The case could have ramifications for all Australian renters.
"Our clients have never been motivated by compensation, they want better housing," Mr Kelly said.
The fight for better housing conditions began in 2015 when tenants from about 70 remote homes gave the NT government a list of more than 600 repairs and asked for them to be fixed.
“The NT government’s neglect of remote housing impacts communities across the territory, and today’s decision sets an important precedent for all 72 other remote communities, and all tenants across the country," Mr Kelly said.
Grata Fund, which has been supporting the residents during the court processes, said the decision comes after the government introduced a new rent calculation method in February, which hiked rents by up to 200 per cent for two thirds of remote Aboriginal tenants in the NT, no matter the dilapidated state or location of the house.
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