Recent Cases

Norkin v University of New England [2023] NSWCA 194 (22 August 2023) (Leeming JA at [1]; Basten AJA at [78]; Griffiths AJA at [79])


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