Norkin v University of New England [2023] NSWCA 194

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Norkin v University of New England [2023] NSWCA 194 Hearing dates: 2 August 2023 Decision date: 22 August 2023 Before: Leeming JA at [1]; Basten AJA at [78]; Griffiths AJA at [79] Decision: 1. Application for leave to appeal dismissed. 2. Either party may apply within 14 days for orders as to costs in this Court and/or in the Common Law Division, by filing and serving short submissions identifying the orders sought, such submissions not to exceed three pages, with the other side to respond by filing and serving short submissions not exceeding three pages within seven days thereafter. Catchwords: HUMAN RIGHTS – Privacy and Personal Information Protection Act 1998 (NSW) – personal information collected by university – application for postgraduate study by overseas student – university participated in Simplified Student Visa Framework – whether university collected personal information on behalf of Commonwealth – whether university collected personal information in order to form a view on likelihood of applicant being granted a student visa – whether direct relationship between lawful purpose of collecting personal information and one of university's functions or activities – whether lawful purpose required express authorisation or merely meant something not prohibited APPEALS – leave to appeal – where decisions favourable to university in NCAT and in the Supreme Court were based on a misapprehension of facts – where that misapprehension not corrected by university until hearing in Court of Appeal – where concurrent hearing granted on basis of misapprehension – significance of misapprehension of facts for grant of leave and making of special costs orders Legislation Cited: Privacy and Personal Information Protection Act 1998 (NSW), ss 4, 8-19, 21, 53, 55, 69(1) Supreme Court Act 1970 (NSW), s 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), r 51.15 University of New England Act 1993 (NSW), ss 4, 6 Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 83 Evidence Act 1995 (NSW), s 56(2) Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 42.1 Cases Cited: ALZ v SafeWork NSW [2017] NSWCATAP 51 Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333; [2019] HCA 29 DQU v University of New England [2020] NSWCATAD 226 DQV v University of New England [2021] NSWCATAP 208 Norkin v University of New England [2022] NSWCATAP 146 Norkin v University of New England [2023] NSWCA 26 Taikato v The Queen (1996) 186 CLR 454; [1996] HCA 28 Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8; 317 ALR 328 Vice-Chancellor Macquarie University v FM [2005] NSWCA 192 WL v Randwick City Council [2007] NSWADTAP 58 Texts Cited: Wade and Forsyth, Administrative Law (7th ed, 1994) Category: Principal judgment Parties: Anton Norkin (Applicant) The University of New England (First Respondent) Civil and Administrative Tribunal of NSW (Second Respondent – Submitting Appearance) Representation: Counsel: A Norkin (in person) S J Free SC, C Trahanas (First Respondent) R Seiden SC, D Levi (Amici Curiae)