Nicholls v TICA Default Control Pty Ltd & Anor [2014] NSWCATCD 97

Nicholls v TICA Default Control Pty Ltd & Anor [2014] NSWCATCD 97

The first respondent's Public Record database was a residential tenancy database because the listed information related to or arose from the applicant's occupation of residential premises under a residential tenancy agreement and was information used for checking tenancy history. The Tribunal therefore had jurisdiction. The listing of the applicant's name was unjust and was ordered to be wholly removed under section 217(3) of the Residential Tenancies Act 2010. Compensation was not available because the Tribunal found the listing unjust, but did not find it inaccurate, ambiguous or out-of-date as required for compensation under section 187(2)(c).

Jurisdiction
Australia
Judgment Date
11 June 2014
Procedural Posture
Residential Tenancy Database Application / Principal Judgment After Informal Hearing
Outcome
Application for removal of residential tenancy database listing granted; compensation refused.
Legal Topics
['residential Tenancy Database' 'removal of Personal Information' 'tribunal Jurisdiction' 'compensation']
['residential Tenancy' 'administrative Law'] ['residential Tenancy Database' 'removal of Personal Information' 'tribunal Jurisdiction' 'compensation']

Case Brief

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Procedural Posture

Residential Tenancy Database Application / Principal Judgment After Informal Hearing

Legal Issues

  1. 1 ["Whether the first respondent's Public Record database was a residential tenancy database within the meaning of section 209 of the Residential Tenancies Act 2010." "Whether the Tribunal had jurisdiction under section 217 of the Residential Tenancies Act 2010 to order removal of the applicant's information from that database." "Whether the listing of the applicant's name was unjust in the circumstances." 'Whether compensation could be ordered for the listing.']

Ratio Decidendi

The first respondent's Public Record database was a residential tenancy database because the listed information related to or arose from the applicant's occupation of residential premises under a residential tenancy agreement and was information used for checking tenancy history. The Tribunal therefore had jurisdiction. The listing of the applicant's name was unjust and was ordered to be wholly removed under section 217(3) of the Residential Tenancies Act 2010. Compensation was not available because the Tribunal found the listing unjust, but did not find it inaccurate, ambiguous or out-of-date as required for compensation under section 187(2)(c).

Court Disposition

Application for removal of residential tenancy database listing granted; compensation refused.

Orders

  • ["Pursuant to section 217 of the Residential Tenancies Act 2010, personal information concerning Felicity Nicholls held in a Residential Tenancy Database is to be wholly removed as to the individual's name by 28 April 2014." 'The claim for compensation is refused.']