Hastwell v Legal Services Commissioner

This matter concerned an application for leave to appeal from a judgment of the Common Law Division of the Supreme Court of New South Wales. The applicant, Ms Hastwell, sought judicial review of a decision by the Legal Services Commissioner to discontinue inquiries into certain aspects of a complaint she had made. The Commissioner had initially decided to discontinue these inquiries, and an internal review of that decision also upheld the discontinuation. Ms Hastwell then sought to challenge the Commissioner's decision through judicial review.

The central legal issues before the Court of Appeal were whether Ms Hastwell, as the complainant, had a sufficient right or interest affected by the Commissioner's decision to discontinue the inquiries to warrant judicial review. The Court also considered whether, in the context of judicial review of a decision by a professional disciplinary authority to discontinue an inquiry, the decision-maker (the Commissioner) could be considered a "contradictor" in the proceedings, and whether any error in the decision would be appealable.

The Court of Appeal affirmed the principles governing judicial review, particularly in the context of decisions made by statutory bodies like the Legal Services Commissioner. It was held that for a complainant to have standing to seek judicial review of a decision to discontinue an inquiry, they must demonstrate that their interests are directly and adversely affected by that decision. The Court found that Ms Hastwell had not established such an interest. Furthermore, the Court addressed the role of the decision-maker in such proceedings, noting that while generally the decision-maker is not a contradictor, exceptions can arise. However, in this instance, the Court concluded that the Commissioner's decision was not amenable to review on the grounds advanced by Ms Hastwell.

Consequently, the Court of Appeal dismissed the application for leave to appeal and ordered Ms Hastwell to pay the Commissioner's costs.