Hastwell v Legal Services Commissioner [2021] NSWCA 20

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hastwell v Legal Services Commissioner [2021] NSWCA 20 Hearing dates: 24 February 2021 Decision date: 24 February 2021 Before: Basten JA; Meagher JA Decision: (1) Dismiss the application for leave to appeal from the judgment and orders of the Common Law Division of 7 August 2020. (2) Order the applicant to pay the Commissioner's costs in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of professional disciplinary authority – decision to discontinue inquiry into complaint – refusal of internal review of initial decision – review sought by complainant – availability of orders in nature of certiorari APPEAL – application for leave to appeal from judgment in supervisory jurisdiction – review of decision of Legal Services Commissioner discontinuing inquiries into aspects of complaint – complaint as to disciplinary matter – whether complainant had any right or interest affected by decision PROCEDURE – judicial review – role of decision-maker as contradictor in challenge to decision – exception to principle in The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 – whether contravention would be appealable error Legislation Cited: Legal Profession Uniform Law (NSW), ss 268, 270, 313, 315; Ch 5, Pts 5.2, 5.4, Divs 2, 4 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Hungry Jack's Pty Ltd v Fourtounas [2020] NSWCA 325 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2019] NSWCA 216 The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Category: Procedural rulings Parties: Haydyn Gary Hastwell (Applicant) Legal Services Commissioner (Respondent) Representation: Counsel: Applicant self-represented R Withana (Respondent)