TICA Default Tenancy Control Pty Ltd (Appellant); Hilal Selvi (First Respondent); Gwenda Champness (Second Respondent) [2015] NSWCATAP 187

TICA Default Tenancy Control Pty Ltd (Appellant); Hilal Selvi (First Respondent); Gwenda Champness (Second Respondent) [2015] NSWCATAP 187

TICA's public record database was a residential tenancy database regulated by Part 11 of the Residential Tenancies Act 2010 (NSW) because it contained personal information in NCAT or CTTT residential tenancy listings relating to occupation of residential premises under residential tenancy agreements, and one purpose of the database was use by landlords or agents for checking a person's tenancy history when deciding whether to enter into a residential tenancy agreement. Public sourcing of the information did not exclude the database from regulation. However, TICA did not in fact receive notice of the hearing below and was not given an adequate opportunity to be heard, so the compensation...

Jurisdiction
Australia
Judgment Date
08 September 2015
Procedural Posture
Appeal From Decision of the Consumer and Commercial Division Concerning Orders Under the Residential Tenancies Act 2010 (nsw) About a Residential Tenancy Database and Compensation / Appeal Panel; Appeal From Orders Made on 17 February 2015
Outcome
Appeal allowed for the limited purpose described in orders 3 and 5.
Legal Topics
['residential Tenancy Database' 'tenancy History' 'public Record Database' 'personal Information' 'notice of Hearing' 'opportunity to Be Heard' 'compensation' 'removal of Database Listing']
['residential Tenancies' 'administrative Law' 'statutory Interpretation' 'procedural Fairness' 'privacy and Personal Information'] ['residential Tenancy Database' 'tenancy History' 'public Record Database' 'personal Information' 'notice of Hearing' 'opportunity to Be Heard' 'compensation' 'removal of Database Listing']

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Procedural Posture

Appeal From Decision of the Consumer and Commercial Division Concerning Orders Under the Residential Tenancies Act 2010 (nsw) About a Residential Tenancy Database and Compensation / Appeal Panel; Appeal From Orders Made on 17 February 2015

Legal Issues

  1. 1 ['Whether TICA\'s public record database was a "residential tenancy database" within the meaning of s 209 of the Residential Tenancies Act 2010 (NSW).' 'Whether publicly sourced court and tribunal listing information was excluded from the definition of a residential tenancy database or personal information.' "Whether a database with multiple purposes is captured where one purpose is use by landlords or agents for checking a person's tenancy history to decide whether to enter into a residential tenancy agreement." 'Whether TICA was denied procedural fairness because it did not receive notice of the hearing below.']

Ratio Decidendi

TICA's public record database was a residential tenancy database regulated by Part 11 of the Residential Tenancies Act 2010 (NSW) because it contained personal information in NCAT or CTTT residential tenancy listings relating to occupation of residential premises under residential tenancy agreements, and one purpose of the database was use by landlords or agents for checking a person's tenancy history when deciding whether to enter into a residential tenancy agreement. Public sourcing of the information did not exclude the database from regulation. However, TICA did not in fact receive notice of the hearing below and was not given an adequate opportunity to be heard, so the compensation...

Court Disposition

Appeal allowed for the limited purpose described in orders 3 and 5.

Orders

  • ['Order 3 made on the 17 February 2015 is affirmed.' 'Order 2 made on 17 February 2015 is varied so that TICA Default Tenancy Control Pty Ltd is joined as a respondent.' 'Order 1 made on 17 February 2015 is set aside.' 'The proceedings below are remitted to the Consumer and Commercial Division of the Tribunal for...