Bowers v The Law Society of New South Wales [2021] NSWCA 118

Bowers v The Law Society of New South Wales [2021] NSWCA 118

None of the orders sought by Mr Bowers in his amended notice of motion were justified as there was no basis established for expedition, the third respondent was already a party, the drastic relief of striking out responses was not warranted, and documents sought were not relevant. The notice to produce was set aside because the documents were not arguably relevant to the issues in the appellate proceedings.

Parties
Applicant: James Bowers; First Respondent: The Law Society of New South Wales; Second Respondent: The College of Law Ltd; Third Respondent: NSW Legal Services Commissioner
Jurisdiction
Australia
Judgment Date
01 June 2021
Procedural Posture
Application for Leave to Appeal and Related Motions / Ruling on Interlocutory Motions Prior to Leave to Appeal Hearing
Outcome
Mr Bowers' amended notice of motion dismissed; Law Society's notice of motion granted; costs orders made accordingly.
Legal Topics
Leave to Appeal, Notice to Produce, Costs, Expedition of Hearing
Civil Procedure Leave to Appeal Notice to Produce Costs Expedition of Hearing

Case Brief

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Parties

James Bowers

Applicant

The Law Society of New South Wales

First Respondent

The College of Law Ltd

Second Respondent

NSW Legal Services Commissioner

Third Respondent

Procedural Posture

Application for Leave to Appeal and Related Motions / Ruling on Interlocutory Motions Prior to Leave to Appeal Hearing

Legal Issues

  1. 1 Whether to grant order for expedition of the hearing
  2. 2 Whether to add NSW Legal Services Commissioner as a respondent
  3. 3 Whether to strike out responses for failure to answer notices to produce or comply with the Privacy Act 1988 (Cth)

Ratio Decidendi

None of the orders sought by Mr Bowers in his amended notice of motion were justified as there was no basis established for expedition, the third respondent was already a party, the drastic relief of striking out responses was not warranted, and documents sought were not relevant. The notice to produce was set aside because the documents were not arguably relevant to the issues in the appellate proceedings.

Court Disposition

Mr Bowers' amended notice of motion dismissed; Law Society's notice of motion granted; costs orders made accordingly.

Orders

  • Dismiss the amended notice of motion dated 6 May 2021 and filed 12 May 2021.
  • The applicant on the motion (Mr Bowers) to pay the costs of the first, second and third respondents on the motion.