The Court held that leave to appeal from NTCAT under s 141 of the NTCAT Act is properly assessed on a ground-by-ground basis, not as a single application for the whole proceeding. The appeal succeeded on one ground (ground 15) because the High Court's intervening decision in Young v CEO (Housing) [2023] HCA 31 expanded the measure of compensation under s 122 of the Residential Tenancies Act 1999 (NT) to include distress and disappointment as a normal healthy reaction to breach, not limited to physical inconvenience. Three of six Tribunal proceedings were remitted to a differently constituted Tribunal for reassessment of quantum only, applying the Kellie framework — the Court found that the original member's firm findings on the subjective effects of breaches on tenants created a reasonable perception that reconsideration would not involve a genuinely fresh inquiry, notwithstanding the practical advantages of the same member having taken evidence on country.
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