'Injury' in s 68(1)(b) of the Residential Tenancies Act 1987 (NSW) means physical injury or recognisable psychiatric illness; it does not extend to emotional distress, fear, anxiety or other subjective emotional reactions. Evidence of victims feeling threatened, intimidated, anxious or distressed, without medical evidence of a recognisable psychiatric illness, is insufficient to establish 'injury' for the purposes of terminating a residential tenancy under s 68. The question whether a tenant caused a recognisable psychiatric illness 'intentionally or recklessly' was left open.
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