Bowers v The Law Society of New South Wales [2021] NSWCA 270

Bowers v The Law Society of New South Wales [2021] NSWCA 270

Leave to appeal was refused because the Solicitor did not demonstrate error going beyond what was merely arguable resulting in injustice, and because the practising certificate sought to be varied had expired by effluxion of time so that any order overturning the primary judge's decision would have no utility. There was also no utility in considering inherent jurisdiction to vary the certificate because the Solicitor had not renewed it and would need to apply for a new practising certificate if he wished to practise again.

Jurisdiction
Australia
Judgment Date
05 November 2021
Procedural Posture
Application for Leave to Appeal / Court of Appeal From Supreme Court Decision
Outcome
Leave to appeal refused.
Legal Topics
['leave to Appeal' 'final or Interlocutory Orders' 'practising Certificate Conditions' 'constructive Refusal' 'utility of Appeal']
['civil Procedure' 'legal Profession Regulation'] ['leave to Appeal' 'final or Interlocutory Orders' 'practising Certificate Conditions' 'constructive Refusal' 'utility of Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal From Supreme Court Decision

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from orders made in proceedings concerning an alleged constructive refusal to vary conditions of a practising certificate.' 'Whether any appeal would have utility after the practising certificate in question had expired.' 'Whether the holder of a practising certificate had a statutory right of appeal or review under s 100(1) and s 464 of the Legal Profession Uniform Law (NSW) where the Law Society had not determined an application to vary conditions within 90 days.']

Ratio Decidendi

Leave to appeal was refused because the Solicitor did not demonstrate error going beyond what was merely arguable resulting in injustice, and because the practising certificate sought to be varied had expired by effluxion of time so that any order overturning the primary judge's decision would have no utility. There was also no utility in considering inherent jurisdiction to vary the certificate because the Solicitor had not renewed it and would need to apply for a new practising certificate if he wished to practise again.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.' 'Solicitor to pay the costs of the other parties to the appeal.']