On Wednesday, the High Court handed down its decision in the long-running battle between Aboriginal residents of Ltyentye Apurte (Santa Teresa), 85km southeast of Alice Springs, and the Northern Territory housing authority, which began in 2016.
The lead appellant's case concerned the NT housing authority's failure to provide a door to her premises for more than five years.
Dan Kelly said the lead litigants showed incredible strength in the proceedings until they died.
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, told AAP that, previously, the general view had been this type of compensation was only available for contracts that were specifically for enjoyment, like holidays and cruises.
Mr Kelly said the case expands for tenants their ability to receive compensation when their housing is inadequate and they feel distress and disappointment as a result.
"What this case does is it shows that the common law will actually extend this type of compensation to other types of contracts, where the state of mind and what's actually been bargained for is some form of enjoyment or relaxation or protection," he said.
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.
"Ms Young and Mr Conway both showed incredible strength all through these proceedings up until they both passed away, they were really inspiring people," Mr Kelly said.
"It was a it was a pleasure and an honour to know them and to be able to represent them in the court and I only wish that they were here to see this big win today."
Over 70 other households made claims for issues, including leaking sewage and no air conditioning.
The High Court made no decision regarding the amount of compensation, which will be decided when the case returns to the Northern Territory Court of Appeal.
"What it means is that when we go back to the Court of Appeal, we can argue that the many years that they were left living in these conditions and the psychological impacts that had on them, is worthy of compensation and the Northern Territory government should be held to account for that," Mr Kelly said.
Mr Kelly said the fact that the only course of remedy for his clients was to fight all the way to High Court for a decent standard of housing highlighted decades of neglect by governments.
"I think it's as simple as that: these people deserve what every other Australian citizen takes for granted and it's currently not being provided," he said.
"And until justice is done, we'll continue to fight on their behalf."
The case could have ramifications for all Australian renters.
"Our clients have never been motivated by compensation, they want better housing," Mr Kelly said.
"And this is the only path they have to try and hold their landlord to account and the only way they're able to show the NT government that the current state of affairs is not acceptable, and something needs to change."
14°C