Published 27 February 2019
Appeal Tenancy Tribunal — WCC v McMillan [2003] DCR 50 — exemplary damages. The appellant was appealing a Tenancy Tribunal's decision that refused to grant a rehearing of a hearing which had resulted in an award of $750 in exemplary damages against the appellant for breach of her tenants' quiet enjoyment. That hearing was itself a rehearing held following a successful appeal by the appellant that reduced the award down from $1750. However, the appellant was still not satisfied, in spite of the relative values involved. The issue, as the Adjudicator correctly identified, was whether “a substantial wrong or miscarriage of justice may have occurred or is likely to occur”, per WCC v McMillan. The Judge reviewed the Adjudicator's findings and held that they were unimpeachable and provided his own further assessment in support. The appeal was dismissed and the Tribunal's findings stood. Judgment Date: 10 May 2018.
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