Compensation under s 122 of the Residential Tenancies Act 1999 (NT) for breach of terms incorporated by the Act is to be assessed as a matter of statutory interpretation having regard to the nature and purpose of the particular obligation breached, and is not confined by common law principles of remoteness from Baltic Shipping Co v Dillon. Where a compensation assessment has been made on a wrong principle of law, it must be set aside even without a finding of manifest inadequacy. Evaluative assessments of compensation should ordinarily be remitted to the tribunal at first instance rather than determined by the appellate court.
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