[2021] NSWCA 324
Bowers v Judicial Commission of NSW (No 2)
(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
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.
- (1)