James Bowers v Judicial Commission of New South Wales (No 2) [2022] NSWSC 179

Supreme Court New South Wales

Medium Neutral Citation: James Bowers v Judicial Commission of New South Wales (No 2) [2022] NSWSC 179 Hearing dates: 21 February 2022 Date of orders: 1 March 2022 Decision date: 01 March 2022 Jurisdiction: Common Law Before: Wright J Decision: (1) The notice of motion filed on 17 December 2021 (the Notice of Motion) is dismissed. (2) The plaintiff is to pay the defendant's costs of and incidental to the Notice of Motion. Catchwords: COSTS — part/party costs — bases of quantification – ordinary basis – indemnity basis — no plain unreasonableness, delinquency or other special or unusual feature justifying departure from the usual position that party/party costs be assessed on the ordinary basis CIVIL PROCEDURE – hearings – suppression and non-publication orders – no such orders previously made – no anonymity to be lifted CIVIL PROCEDURE – judgments and orders – whether order in the nature of mandamus should be varied to require performance forthwith – variation not necessary or appropriate Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Court Suppression and Non--publication Orders Act 2010 (NSW) Judicial Officers Act 1986 (NSW), s 18 Uniform Civil Procedure Rules 2005 (NSW), rr 1.13, 18.4, 36.5, 36.16, 42.2 Cases Cited: Dobbie v Commissioner of Victims Rights [2019] NSWSC 111 Ex parte Lamb, In re Southam (1881) 19 Ch D 169 Hamod v New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 James v Douglas [2016] NSWCA 178 James Bowers v Judicial Commission of New South Wales [2021] NSWSC 1570 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (WA Branch) (No 2) [1993] FCA 70; 46 IR 301 Measures v McFadyen (1910) 11 CLR 723; [1910] HCA 74 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Plaintiff S297/2013 v Minister for Immigration and Border Protection (2014) 255 CLR 179; [2014] HCA 24 Russell v Russell (1976) 134 CLR 495; [1976] HCA 23 Various Claimants v Independent Parliamentary Standards Authority [2021] EWHC 2020 (QB) Category: Costs Parties: James Bowers (Plaintiff) Judicial Commission of New South Wales (Defendant) Representation: Plaintiff (self-represented)