Bowers v NSW Legal Services Commissioner

The applicant, Mr. Bowers, sought leave to appeal from a decision of the Supreme Court of New South Wales that summarily dismissed his application for judicial review of decisions made by the NSW Legal Services Commissioner. The Commissioner had dismissed Mr. Bowers' complaints concerning the conduct of his own lawyers.

The primary legal issues before the Court of Appeal were whether the Supreme Court erred in summarily dismissing Mr. Bowers' application for judicial review, and whether the Commissioner's decisions were reviewable on the grounds of being perverse or legally unreasonable. The Court also considered whether the Supreme Court's dismissal of the application, which effectively determined the proceeding, warranted the grant of leave to appeal despite the order being interlocutory in nature.

Basten and Brereton JJA held that the Supreme Court had not erred in dismissing the application for judicial review. Their Honours reasoned that the Commissioner's decisions were not amenable to judicial review on the grounds alleged, as they did not disclose a cause of action that was reasonably arguable. The Court found that the Commissioner had exercised their discretion appropriately and that the applicant had not demonstrated any error of law or fact that would justify intervention.

Consequently, the Court of Appeal dismissed the application for leave to appeal and ordered that the applicant pay the Commissioner’s costs in the Court.