Norkin v University of New England [2022] NSWSC 819

Supreme Court New South Wales

Medium Neutral Citation: Norkin v University of New England [2022] NSWSC 819 Hearing dates: 24 February 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Common Law Before: Davies J Decision: (1) I dismiss the amended summons filed 6 October 2021. (2) The plaintiff is to pay the defendant's costs. Catchwords: APPEAL – leave to appeal – from determination of the appeal panel of NSW Civil and Administrative Tribunal – Civil and Administrative Tribunal Act 2013 (NSW) s 83 – university collection of personal information from plaintiff and his brother for purpose of pre-visa assessment – grounds of appeal against appeal panel determination unclear – plaintiff submitted collection of information was incompatible with fundamental rights to education and privacy – plaintiff alleged denial of procedural fairness – no error of law made by appeal panel to justify grant of leave – no question warranting grant of leave – plaintiff suffered no detriment from appeal panel's approach – summons dismissed Legislation Cited: Acts Interpretation Act 1901 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Commonwealth Education Services for Overseas Students Act 2000 (Cth) Commonwealth Migration Act 1958 (Cth) Invasion of Privacy Act 1971 (Qld) Migration Legislation Amendment (2016 Measures No 1) Regulation 2016 (Cth) Migration Regulations 1994 (Cth) Privacy and Personal Information Detection Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) University of New England Act 1993 (NSW) Cases Cited: Ashi Pty Limited v Karasco Investments Pty Ltd [2009] NSWSC 780 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Collins v Urban [2014] NSWCATAP 17 DQU v University of New England [2020] NSWCATAD 226 DQV v University of New England [2021] NSWCATAP 208 Green v Daniels (1977) 51 ALJR 463 Halliday v Nevill (1984) 155 CLR 1 Kostov v Nationwide News Pty Ltd (No 1) [2018] NSWSC 1822 Plenty v Dillon (1991) 171 CLR 635 Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8; (2015) 317 ALR 328 Taylor Construction Group Pty Ltd v Strata Plan 92888 t/as The Owners Strata Plan 92888 [2021] NSWSC 1315 Viro v The Queen (1979) 141 CLR 88; [1978] HCA 9 Watson v Lee (1979) 144 CLR 374 Texts Cited: Nil Category: Principal judgment Parties: Anton Norkin (Plaintiff) University of New England (First Defendant) New South Wales Civil and Administrative Tribunal (Second Defendant) Representation: Counsel: In person (Plaintiff) C Mantziaris (First Defendant) Submitting appearance (Second Defendant)