Residents of tiny NT community of Santa Teresa living in uninhabitable homes could wait years for compensation, court hears
After Santa Teresa residents won a landmark legal victory against the NT government, it now needs to be determined how much the government must pay in damages for the distress caused by failing to provide safe housing.
Transcript
00:00No running water, leaking sewerage and too hot to live in.
00:06This is the reality for residents of Santa Teresa, who've been fighting their landlord,
00:11the NT government, for safe and liveable housing for almost a decade.
00:17The government response was to fight back, but was then found liable in the highest court
00:22of Australia for the distress and disappointment the residents were forced to endure.
00:27But residents may be waiting years for compensation.
00:31The question in the court today is what quantum should be available, or what amount should
00:36be available to Ms Young for the breach that she suffered.
00:41Driving the residents' case was Ms Young, who passed away last year before ever seeing
00:47a resolution.
00:48She'd lived without a door for five years, always fearful of intruders.
00:53Her lawyer, indignant,
00:55This case has already gone on for eight years.
00:59My client died waiting for justice.
01:02In a previous ruling, it was determined that Ms Young was owed a mere $4.93 per day for
01:08the government's failure to fix her home.
01:10But today, in the NT Court of Appeal, lawyers for Ms Young and her fellow community members
01:16argued that figure is manifestly inadequate.
01:20Government lawyers told the court the matter should instead be heard in the Northern Territory
01:24Civil and Administrative Tribunal, which mediates lesser disputes, saying,
01:30The high court said what the high court has said.
01:33That's the principle, and that's the one that needs to be applied.
01:36There's no reason why this court should construe or interpret or put some gloss on what the
01:42high court ruled.
01:44If the NT government gets its way, a decision on compensation could take up to two years,
01:50delaying other cases awaiting guidance.
01:53It's not good enough for the community's legal team.
01:56We're very keen to have this matter resolved.
01:58We're very keen to see compensation start to flow to the communities.
02:02Judges today reserved their decision on which court will deal with the matter of compensation.