Bowers v NSW Legal Services Commissioner and Ors [2021] NSWSC 1095

Supreme Court New South Wales

Medium Neutral Citation: Bowers v NSW Legal Services Commissioner and Ors [2021] NSWSC 1095 Hearing dates: 26 August 2021 Date of orders: 6 October 2021 Decision date: 06 October 2021 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The plaintiff's amended notice of motion dated 28 April 2021 is dismissed. (3) The question of costs is reserved. (4) Each party is to provide written submissions as to costs within seven days, such submissions not to exceed three pages in length in any case. Catchwords: PRACTICE AND PROCEDURE – Proceedings brought by plaintiff seeking judicial review of discretionary determinations made by the NSW Legal Services Commissioner following complaints made about legal practitioners – Assertion made by the plaintiff that the decisions were "perverse" – Whether proceedings should be dismissed on the basis that they disclosed no reasonable cause of action – Whether relief available in any event – Proceedings dismissed Legislation Cited: Judicial Officers Act 1986 (NSW) Legal Profession Uniform Law (NSW) Succession Act 2006 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Bowers v Bowers [2020] NSWSC 109 Bowers v Judicial Commission of NSW (No.1) [2021] NSWSC 916 Bowers v Judicial Commission of NSW (No.2) [2021] NSWSC 917 Bromley London Borough Council v Greater London Council [1983] 1 AC 768 Bruce v Cole (1998) 45 NSWLR 163; [1998] NSWCA 45 Conyngham & Ors v Minister for Immigration and Ethnic Affairs (1986) 68 ALR 423 General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Hastwell v Legal Services Commissioner [2020] NSWSC 1008 Hockey v Yelland (1984) 157 CLR 124; [1984] HCA 72 Mendonca v Legal Services Commissioner [2019] NSWSC 409 Mendonca v The Legal Services Commissioner [2020] NSWCA 84 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 Category: Principal judgment Parties: James Richard Bowers – Plaintiff Madeleine Bridgett – First Defendant James Behringer – Second Defendant Harris & Co – Third Defendant Alvin Ng – Fourth Defendant NSW Legal Services Commissioner – Fifth Defendant Representation: Counsel: Self-represented – Plaintiff J Curtin – First Defendant J Behringer (Solicitor) – Second, Third and Fourth Defendants R Withana – Fifth Defendant