RP Data to appeal decision against the Department of Natural Resources, Mines and Water

In December 2004, the DNR proposed removing the names and addresses of property owners from the QVAS data supplied to RP Data and other licensees and, in its place offered the same data to end-users itself with restricted access and at an inflated price.

The State of Queensland, through the DNR, is the sole provider of QVAS property data to RP Data and other licensees.

However RP Data issued proceedings against the department concerning the refusal by the DNR to continue to supply that data as it considered it unfair and in breach of the Trade Practices Act (TPA).

The Court has found that the DNR is carrying on a business in the wholesale market and that the DNR “clearly has a substantial degree of power in the wholesale market and did take advantage of that power”.

However the Court found that while the DNR did take advantage of its substantial market power, it did not do so for one of the prescribed purposes in section 46 of the TPA.

As a result RP Data has been unsuccessful in preventing the DNR from removing names and addresses from the Queensland property data supplied to RP Data and other licensees under the QVAS Licence. This decision means that no licensee in Queensland will receive names and address data in respect of Queensland Real Property, unless paying an additional transaction fee.

In a statement to the ASX, RP Data said it believed the decision to be unfair.

“The judgement is encouraging in that it clearly shows that government agencies acting outside their charter will be held accountable to the Trade Practices Act. It is however disappointing for RP Data and the industry to have data removed.

The consequence of this decision is that the public will be forced to pay significantly more for information that has been readily accessible for many years. said RP Data CEO Graham Mirabito.

RP Data is considering an appeal to the Full Court of the Federal Court and expects the DNR to continue to supply the relevant data pending the outcome of that appeal process.

RP Data maintains that as a result of this decision, it, other licensees and customers are disadvantaged because the DNR is now a monopoly distributor of the name and address data at a price significantly higher than the price currently offered by RP Data.