James Bowers v Judicial Commission of New South Wales (No 2) [2021] NSWSC 917

Supreme Court New South Wales

Medium Neutral Citation: James Bowers v Judicial Commission of New South Wales (No 2) [2021] NSWSC 917 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 plaintiff alleged excessive judicial intervention, denial of access to the court file, error in judgment and unknown changes to the judgment – where access to court file eventually granted and error in judgment corrected – where plaintiff had right of appeal in respect of alleged excessive intervention – Commission dismissed complaint due to available right of appeal – where Commission obliged to dismiss complaint if incapable of disclosing misconduct or conduct warranting removal – held, no reasonable cause of action disclosed – summons dismissed Legislation Cited: Interpretation Act 1987 (NSW), s 9(2) Supreme Court Act 1970 (NSW), s 69 Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 59.4 Judicial Officers Act 1986 (NSW), ss 5, 15, 20, 21 Cases Cited: Aon Risk Services Australia Ltd v The Australian National University (2009) 239 CLR 175; [2009] HCA 27 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Bowers v Bowers [2020] NSWSC 109 Bowers v Judicial Commission of New South Wales (No 1) [2021] NSWSC 916 Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 Galea v Galea (1990) 19 NSWLR 263 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Minister for Immigration and Citizenship v Li (2013) 249 CLR 323; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 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: Matthew Groves, 'Excessive judicial intervention' (2021) 50 Australian Bar Review 139 Category: Principal judgment Parties: James Richard Bowers (Plaintiff) Judicial Commission of NSW (Defendant) Representation: Counsel: Daniel Farinha (Defendant)