Bowers v Judicial Commission of NSW (No 2)

The matter of *Bowers v Judicial Commission of NSW (No 2)* concerned an application for leave to appeal to the Court of Appeal of New South Wales. Mr Bowers sought to challenge the dismissal of his summons, which had sought relief against the Judicial Commission of New South Wales. The primary judgment under challenge had dismissed Mr Bowers' summons.

The central legal issue before the Court of Appeal was whether there was an arguable reason to conclude that the primary judgment was erroneous, and consequently, whether Mr Bowers had any prospects of success on an appeal.

Macfarlan and McCallum JJA found that no arguable reason had been advanced to suggest the primary judgment was erroneous. Their Honours concluded that there were no prospects of success on an appeal, and therefore, leave to appeal was refused.

The Court of Appeal ordered the dismissal of Mr Bowers’ notice of appeal filed on 16 August 2021, with no order as to the costs of that purported appeal or the Judicial Commission’s motion for its dismissal. However, Mr Bowers’ application for leave to appeal was dismissed with costs.