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

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nicholls v TICA Default Control Pty Ltd & Anor [2014] NSWCATCD 97 Hearing dates: 17 April 2014 Decision date: 11 June 2014 Before: M. Gilson, General Member Decision: Pursuant to s 217 of the Residential Tenancies Act 2010 the Tribunal orders that personal information concerning Felicity Nicholls held in a Residential Tenancy Database be wholly removed as follows: - Individual's name By 28 April 2014 Catchwords: Residential Tenancy Database Legislation Cited: Residential Tenancies Act 2010, sections 187, 209, 213 and 217 Category: Principal judgment Parties: Felicity Nicholls (applicant) TICA Default Tenancy Control Pty Ltd (first respondent) NSW Land and Housing Corporation (second respondent) File Number(s): SH 14/18429

reasons for decision 1These reasons are provided pursuant to section 62(2) of the Civil and Administrative Tribunal Act 2013 (the "NCAT Act") at the request of the applicant. The Tribunal gave oral reasons on 17 April 2014. The applicant and her representative were present at the hearing. The hearing was sound recorded, however the reasons are produced from the Member's notes and recollections.

APPLICATION 2By way of an application received on 4 April 2014, the applicant sought orders that her personal information as recorded in a residential tenancy database, be removed and that she be awarded compensation in the sum of $1,000.00.

Representation 3The applicant appeared in person and was also represented by Mr Safi-Westendorf of New England and Western Tenants Advice and Advocacy Service. The first respondent presented a written submission. Ms Hemmet represented the second respondent.