Williams v Nielssen & Ors [2019] NSWSC 1216

Williams v Nielssen & Ors [2019] NSWSC 1216

The restraining order was refused because the applicant should first pursue available statutory rights of review before seeking relief from the Court's inherent jurisdiction.

Parties
Plaintiff: Jason Williams; First Defendant: Dr Olav Nielssen; Fifth Defendant: New South Wales Bar Association; Sixth Defendant: South Eastern Sydney Local Health District
Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Civil / Procedural Directions and Interlocutory Application Refusal
Outcome
Plaintiff's interlocutory application for a restraining order refused; procedural orders made; costs reserved.
Legal Topics
Case Management Orders, Restraining Orders, Legal Profession Barristers' Practising Certificates, Mental Health and Confinement, Judicial Review Vs Statutory Appeal
Civil Procedure Case Management Orders Restraining Orders Legal Profession Barristers' Practising Certificates Mental Health and Confinement Judicial Review Vs Statutory Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Jason Williams

Plaintiff

Dr Olav Nielssen

First Defendant

New South Wales Bar Association

Fifth Defendant

South Eastern Sydney Local Health District

Sixth Defendant

Procedural Posture

Civil / Procedural Directions and Interlocutory Application Refusal

Legal Issues

  1. 1 Whether the Court should grant a restraining order preventing the NSW Bar Association from acting upon the suspension of the plaintiff's practising certificate
  2. 2 Whether the plaintiff should first pursue available statutory rights of review or appeal before seeking judicial intervention

Ratio Decidendi

The restraining order was refused because the applicant should first pursue available statutory rights of review before seeking relief from the Court's inherent jurisdiction.

Court Disposition

Plaintiff's interlocutory application for a restraining order refused; procedural orders made; costs reserved.

Orders

  • The plaintiff's application for a restraining order to be made today against the NSW Bar Association is refused.
  • The plaintiff is to provide a copy of the draft statement of claim to any proposed defendant by 16 September 2019.