James Bowers v Judicial Commission of New South Wales [2021] NSWSC 1570

Supreme Court New South Wales

Medium Neutral Citation: James Bowers v Judicial Commission of New South Wales [2021] NSWSC 1570 Hearing dates: 26 November 2021 Date of orders: 03 December 2021 Decision date: 03 December 2021 Jurisdiction: Common Law Before: Wright J Decision: (1) Under s 14 of the Civil Procedure Act 2005 (NSW), compliance with r 59.4 of the Uniform Civil Procedure Rules 2005 (NSW) in respect of the amended summons filed on 26 November 2021 is dispensed with. (2) The decision of the Judicial Commission of New South Wales dismissing the complaint of James Bowers dated 29 March 2021 (the Complaint) is set aside. (3) The Complaint is remitted to the Judicial Commission of New South Wales to be dealt with according to law. (4) The Judicial Commission of New South Wales is to pay Mr Bowers' costs of and incidental to these proceedings. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — complaint-handling body — Judicial Commission of New South Wales ADMINISTRATIVE LAW — procedural fairness — whether on the proper construction of the legislation the administrative body was required to accord procedural fairness to a complainant — duty to accord procedural fairness to complainant but with limited content — whether the complainant was given reasonable opportunity to advance the basis of the complaint — whether complainant suffered practical injustice Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Constitution Act 1902 (NSW), ss 52, 53, 54 Health Care Complaints Act 1993 (NSW), ss 3A, 22, 27, 28, 39 Judicial Officers Act 1986 (NSW), ss 3, 5, 13, 14, 15, 17, 18, 20, 21, 22, 23, 24, 25, 26, 28, 29, 31, 32, 34, 35 Judicial Officers Regulation 2017 (NSW), cll 4, 5 Oaths Act 1900 (NSW) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.4 Cases Cited: CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514; [2015] HCA 1 Coleman v Power (2004) 220 CLR 1; [2004] HCA 39 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Elias Karigiannis v Football Federation Australia Ltd [2010] NSWSC 1454 Hastwell v Health Care Complaints Commission [2021] NSWCA 22 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636; [2012] HCA 31 Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372; [2002] HCA 16 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57; [2001] HCA 22 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam (2003) 214 CLR 1; [2003] HCA 6 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Principal judgment Parties: James Bowers (Plaintiff) Judicial Commission of New South Wales (Defendant) Representation: Plaintiff (self-represented)