Mendonca v Legal Services Commissioner [2019] NSWSC 409

Mendonca v Legal Services Commissioner [2019] NSWSC 409

The application was dismissed because the Legal Services Commissioner had an absolute discretion under section 313 of the Legal Profession Uniform Law (NSW) to decide whether to conduct a review; there was no duty to undertake a review; no procedural fairness was denied as the plaintiff's submissions were considered; and there was no jurisdictional error or legal right affected such that certiorari or mandamus were available remedies.

Parties
Plaintiff: Gerard Mendonca; Defendant: Legal Services Commissioner
Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Judicial Review Application / Final Decision at Supreme Court of NSW
Outcome
Summons dismissed. Plaintiff to pay defendant's costs.
Legal Topics
Complaint Against Solicitor, Review of Legal Services Commissioner's Decision, Jurisdictional Error, Procedural Fairness, Orders in the Nature of Certiorari and Mandamus
Administrative Law Complaint Against Solicitor Review of Legal Services Commissioner's Decision Jurisdictional Error Procedural Fairness Orders in the Nature of Certiorari and Mandamus

Case Brief

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Parties

Gerard Mendonca

Plaintiff

Legal Services Commissioner

Defendant

Procedural Posture

Judicial Review Application / Final Decision at Supreme Court of NSW

Legal Issues

  1. 1 Whether the decision of the Legal Services Commissioner not to review the decision of the Law Society was invalid
  2. 2 Whether the plaintiff was denied procedural fairness
  3. 3 Whether there was jurisdictional error justifying certiorari or mandamus

Ratio Decidendi

The application was dismissed because the Legal Services Commissioner had an absolute discretion under section 313 of the Legal Profession Uniform Law (NSW) to decide whether to conduct a review; there was no duty to undertake a review; no procedural fairness was denied as the plaintiff's submissions were considered; and there was no jurisdictional error or legal right affected such that certiorari or mandamus were available remedies.

Court Disposition

Summons dismissed. Plaintiff to pay defendant's costs.

Orders

  • The summons filed on 12 July 2018 is dismissed.
  • The plaintiff is to pay the defendant's costs on an ordinary basis, as agreed or assessed.