Makowski v Legal Profession Admission Board [2019] NSWSC 921

Supreme Court New South Wales

Medium Neutral Citation: Makowski v Legal Profession Admission Board [2019] NSWSC 921 Hearing dates: 17 July 2019 Decision date: 18 July 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the plaintiff's notice of motion filed on 8 July 2019.

(2) Order the plaintiff to pay the first defendant's costs of the notice of motion. Catchwords: ADMINISTRATIVE LAW – application for interim relief – no utility in grant of interim relief where plaintiff has not availed himself of right of review on merits – court has no jurisdiction to relax progression rule Legislation Cited: Legal Profession Uniform Admission Rules 2015 (NSW), rr 29, 30 Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW), ss 20, 20A, 21A NSW Admission Board Rules 2015, rr 11, 12, 13, 27J, 53, 59, 60 Supreme Court Act 1970 (NSW), s 69 Category: Procedural and other rulings Parties: Daniel Makowski (Plaintiff) Legal Profession Admission Board (ABN 50581255931) (First Defendant) Acting Executive Officer of the LPAB (Second Defendant) Representation: Counsel: Plaintiff-in-person H Atkin (First Defendant)

Solicitors: Crown Solicitor's Office (Defendants) File Number(s): 2019/203641

Judgment

Introduction 1. By notice of motion filed on 8 July 2019, Daniel Makowski (the plaintiff) seeks an interim order that he be permitted to access "Canvas", a web platform which gives students at the University of Sydney access to study material relating to subjects in which the student is enrolled. The plaintiff submitted that he requires interim relief to protect the utility of the substantive challenge made in his summons to decisions of the Legal Profession Admission Board (the defendant, or the LPAB). 2. All references to legislation in these reasons are, unless otherwise stated, references to the Legal Profession Uniform Law Application Act 2014 (NSW) (the Act).