Bowers v Judicial Commission of New South Wales

The appeal concerned Mr James Bowers and the Judicial Commission of New South Wales. Mr Bowers sought to appeal as of right against a refusal to vary certain orders. The Court of Appeal of New South Wales was required to determine whether the appeal was competent.

The central legal issue before the Court was whether the appeal brought by Mr Bowers was one that could be brought as of right under the relevant legislation. This involved an assessment of the nature of the orders sought to be varied and the effect of the refusal on the ability to appeal.

White JA found that the appeal was not competent. His Honour reasoned that the refusal to vary the orders did not give rise to a right of appeal as of right. Consequently, the purported notice of appeal was dismissed as incompetent. The Court ordered Mr Bowers to pay the costs of the notice of motion and the appeal.