Bowers v Judicial Commission of NSW (No 2)

[2021] NSWCA 324

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Bowers v Judicial Commission of NSW (No 2) [2021] NSWCA 324

Hearing dates:

10 December 2021

Date of orders:

16 December 2021

Decision date:

16 December 2021

Before:

Macfarlan JA;
McCallum JA

Decision:

(1)   Dismiss Mr Bowers’ notice of appeal filed 16 August 2021.

(2)   No order as to costs of the purported appeal or the Judicial Commission’s motion for its dismissal.

(3)   Dismiss Mr Bowers’ application for leave to appeal with costs.

Catchwords:

APPEALS – leave to appeal – challenge to dismissal of summons seeking relief against the Judicial Commission – no arguable reason advanced for concluding that primary judgment erroneous – no prospects of success on an appeal – leave to appeal refused

Category:

Principal judgment

Parties:

Mr James Richard Bowers (Applicant)
Judicial Commission of NSW (Respondent)

Representation:

Counsel:
Self-represented (Applicant)
Mr D Farinha (Respondent)

Solicitors:
Crown Solicitor’s Office (Respondent)

File Number(s):

2021/233727; 2021/264783

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2021] NSWSC 917

Date of Decision:

30 July 2021

Before:

N Adams J

File Number(s):

2021/88757

Judgment

1. THE COURT: By a notice of appeal filed on 16 August 2021 Mr Bowers sought to challenge a decision of N Adams J of 30 July 2021 in James Bowers v Judicial Commission of NSW (No 2) [2021] NSWSC 917. By that judgment her Honour dismissed Mr Bowers’ summons seeking relief against the Judicial Commission.

2. When the competence of his appeal was challenged, Mr Bowers filed a summons seeking leave to appeal. That summons came on for hearing on 10 December 2021 together with the Judicial Commission’s motion for dismissal of the purported appeal as incompetent.

3. At the hearing (and in fact at an earlier date as well) Mr Bowers accepted that the purported appeal was incompetent and that it should be dismissed. The Judicial Commission does not seek costs.

4. Mr Bowers’ application for leave to appeal should also be dismissed for the reasons given by N Adams J in her thorough judgment of 30 July 2021 for dismissing the summons Mr Bowers filed at first instance. Mr Bowers did not advance in this Court any arguable reason for concluding that that judgment was erroneous in any respect. It follows that any appeal by Mr Bowers would not have any prospects of success.

5. The Court makes the following orders:

1. Dismiss Mr Bowers’ notice of appeal filed 16 August 2021.

2. No order as to costs of the purported appeal or the Judicial Commission’s motion for its dismissal.

3. Dismiss Mr Bowers’ application for leave to appeal with costs.

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