High Court Rules Aboriginal Residents Entitled to Compensation for Housing Issues

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High Court,Ruling,Aboriginal Residents

The high court has ruled that First Nations people living in remote dilapidated housing are entitled to compensation for distress or disappointment after they brought forward complaints about problems including leaking sewage, unstable electricity and a lack of air conditioning.

The high court handed down its decision in the long-running battle between Aboriginal residents of Ltyentye Apurte , near Alice Springs, and the NT housing authority.The high court handed down its decision in the long-running battle between Aboriginal residents of Ltyentye Apurte , near Alice Springs, and the NT housing authority.

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, said outside court that previously, the general view had been this type of compensation was only available for contracts that were specifically for enjoyment, such as holidays and cruises.

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. More than 70 other households made claims for issues, including leaking sewage and no air conditioning.

 

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