EJX v University of Newcastle [2022] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJX v University of Newcastle [2022] NSWCATAP 105 Hearing dates: 11 March 2022 Date of orders: 07 April 2022 Decision date: 07 April 2022 Jurisdiction: Appeal Panel Before: R Dubler SC, Senior Member D Robertson, Senior Member Decision: (1) An extension of time for the lodgement of an appeal against orders made on 30 July 2021 and 16 August 2021 is refused. (2) Leave to appeal against the orders made on 26 October 2021 is refused. (3) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of the appellant is prohibited. Catchwords: PROCEDURE – administrative review proceedings – applicant sought the issue to the respondent of a summons to produce documents– whether legitimate forensic purpose – whether summons appropriate when documents required to be produced by the respondent pursuant to statutory obligation. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AIN v Medical Council of NSW [2017] NSWCATAP 36 Collins v Urban [2014] NSWCATAP 17 CPJ v The University of Newcastle [2017] NSWCATAD 350 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Lonsdale v University of Sydney [2015] NSWCATAP 277 Nominal Defendant v Manning (2000) 50 NSWLR 139 R v Saleam (1989) 16 NSWLR 14 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corp Ltd [1984] 1 NSWLR 710 Category: Principal judgment Parties: EJX (Appellant) University of Newcastle (Respondent) Representation: Counsel: J Parkes (solicitor) (Respondent)