Bowers v Judicial Commission of New South Wales (No 1) [2021] NSWSC 916

Supreme Court New South Wales

Medium Neutral Citation: Bowers v Judicial Commission of New South Wales (No 1) [2021] NSWSC 916 Hearing dates: 16 July 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Common Law Before: N Adams J Decision: (1) The plaintiff's summons is dismissed pursuant to r 13.4(1)(b), Uniform Civil Procedure Rules 2005 (NSW). (2) The plaintiff is to pay the defendant's costs of the motion and the proceedings. Catchwords: PRACTICE AND PROCEDURE — summons – summary dismissal – whether no reasonable cause of action disclosed – where plaintiff seeking judicial review of decision of Judicial Commission to summarily dismiss complaint made by him – where presiding judge asked plaintiff which suburb he was living in – where plaintiff alleged "serious defamation", "gratuitous denigration", and innuendo that he was of no fixed abode – complaint dismissed due to triviality and inability to disclose judicial misconduct – where plaintiff alleged that decision was "perverse" or unreasonable – held, no reasonable cause of action disclosed – summons dismissed Legislation Cited: Interpretation Act 1987 (NSW), s 9(2) Judicial Officers Act 1986 (NSW), ss 5, 15, 20, 21 Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Bowers v Bowers [2020] NSWSC 109 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135; [2000] HCA 5 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 James Bowers v Sara Bowers [2021] NSWSC 72 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Taveli v Minister for Immigration, Local Government & Ethnic Affairs (1989) 86 ALR 435 Ugur v Attorney General for New South Wales [2019] NSWCA 86 Vakauta v Kelly (1989) 167 CLR 568; [1989] HCA 44 Texts Cited: The Hon James Thomas, Judicial Ethics in Australia (3rd ed, LexisNexis Butterworths) Category: Principal judgment Parties: James Richard Bowers (Plaintiff) Judicial Commission of NSW (Defendant) Representation: Counsel: Daniel Farinha (Defendant)