Gillies v Legal Aid Commission of New South Wales [2020] NSWSC 836

Supreme Court New South Wales

Medium Neutral Citation: Gillies v Legal Aid Commission of New South Wales [2020] NSWSC 836 Hearing dates: 26 June 2020 Decision date: 30 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the amended summons filed on 2 April 2020. (2) Order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW — Particular administrative bodies — Legal Aid — decision of Legal Aid Commission not to grant legal aid — whether Court has jurisdiction to review decision — whether error of law or jurisdictional error Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Government Information (Public Access) Act 2009 (NSW) Legal Aid Commission Act 1979 (NSW), ss 10, 12, 16, 17, 30, 31, 33–35, 56, 69, sch 3A Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 42.1, 59.10 Cases Cited: Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Gillies v Director of Public Prosecutions (NSW) [2008] NSWCCA 339 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559; [1997] HCA 22 Category: Principal judgment Parties: Max Perry Gillies (Plaintiff) Legal Aid Commission of New South Wales (Defendant) Representation: Counsel: Self-represented (Plaintiff) R Withana (Defendant)