Bowers v The Law Society of New South Wales [2021] NSWCA 118

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bowers v The Law Society of New South Wales [2021] NSWCA 118 Hearing dates: 31 May 2021 Date of orders: 31 May 2021 Decision date: 01 June 2021 Before: Payne JA Decision: The Court orders in relation to the amended notice of motion filed by James Bowers dated 6 May 2021 and filed 12 May 2021: 1. Dismiss the amended notice of motion dated 6 May 2021 and filed 12 May 2021. 2. The applicant on the motion to pay the costs of the first, second and third respondents on the motion. The Court orders in relation to the notice of motion filed by the Law Society of New South Wales dated 26 April 2021 and filed 27 April 2021: 1. Set aside the notice to produce addressed to the Law Society of New South Wales. 2. The respondent on the motion to pay the costs of the applicant on the motion. Catchwords: CIVIL PROCEDURE – Court of Appeal – leave to appeal – notice to produce – no issue of principle Legislation Cited: Legal Profession Uniform Law (NSW), s 464 Privacy Act 1988 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 34.1 Cases Cited: Bowers v The Law Society of New South Wales (No 7) [2021] NSWSC 611 British American Tobacco Australia Services Ltd v Cowell (2002) 7 VR 524; [2002] VSCA 197 Lane v Registrar of Supreme Court (NSW) (1981) 148 CLR 245; [1981] HCA 35 Category: Procedural rulings Parties: James Bowers (Applicant) The Law Society of New South Wales (First Respondent) The College of Law Ltd (Second Respondent) NSW Legal Services Commissioner (Third Respondent) Representation: Counsel: P Gerber (Applicant) J Entwisle (First Respondent) J Curtin (Second Respondent) R Withana (Third Respondent)