Bowers v The Law Society of New South Wales

The Court of Appeal of New South Wales considered an application for leave to appeal by Mr. Bowers against a decision of the Supreme Court concerning his application to vary a legal practising certificate. The dispute arose from the Law Society of New South Wales' determination regarding Mr. Bowers' application, which he contended constituted a constructive refusal.

The primary legal issue before the Court of Appeal was whether the Supreme Court's determination was a final or interlocutory order, and consequently, whether leave to appeal should be granted. A further consideration was the utility of granting such leave, given that the practising certificate in question had since expired.

The Court reasoned that the Supreme Court's decision was interlocutory in nature. Crucially, the Court found that even if leave to appeal were granted and the appeal were successful, there would be no practical utility in the outcome as the practising certificate had expired. Therefore, the Court concluded that it would not exercise its discretion to grant leave to appeal.

Accordingly, leave to appeal was refused, and Mr. Bowers was ordered to pay the costs of the other parties to the appeal.