KNAGGS v THE SOLICITORS' STATUTORY COMMITTEE [1990] NSWCA 108

KNAGGS v THE SOLICITORS' STATUTORY COMMITTEE [1990] NSWCA 108

No error was shown in the exercise by Clarke JA of the discretion under s51(4) Supreme Court Act 1970 in declining to reassign the proceedings to the Common Law Division, as the claimant's issue was a pure question of law and the proceedings had been validly referred to the Court of Appeal; motion to vary or discharge order dismissed.

Parties
Claimant: Mr Douglas Knaggs; First Opponent: Solicitors' Statutory Committee; Second Opponent: Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
08 October 1990
Procedural Posture
Application for Variation or Discharge of Order (prerogative Relief) / Court of Appeal Decision on Motion to Vary or Discharge Order Declining Reassignment
Outcome
Motion dismissed; claimant to pay opponents' costs.
Legal Topics
Assignment of Proceedings in Supreme Court, Disciplinary Proceedings Against Solicitors, Transitional Provisions Following Legislative Repeal, Appellate Practice and Review
Practice and Procedure Legal Practitioners Law Reform Assignment of Proceedings in Supreme Court Disciplinary Proceedings Against Solicitors Transitional Provisions Following Legislative Repeal Appellate Practice and Review

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Douglas Knaggs

Claimant

Solicitors' Statutory Committee

First Opponent

Law Society of New South Wales

Second Opponent

Procedural Posture

Application for Variation or Discharge of Order (prerogative Relief) / Court of Appeal Decision on Motion to Vary or Discharge Order Declining Reassignment

Legal Issues

  1. 1 Whether proceedings concerning a solicitor's suspension should be reassigned from the Court of Appeal to the Common Law Division following legislative changes
  2. 2 Whether discretion under s51(4) of the Supreme Court Act 1970 was exercised correctly by Clarke JA
  3. 3 Whether absence of appellate review following initial determination in the Court of Appeal constitutes miscarriage of discretion

Ratio Decidendi

No error was shown in the exercise by Clarke JA of the discretion under s51(4) Supreme Court Act 1970 in declining to reassign the proceedings to the Common Law Division, as the claimant's issue was a pure question of law and the proceedings had been validly referred to the Court of Appeal; motion to vary or discharge order dismissed.

Court Disposition

Motion dismissed; claimant to pay opponents' costs.

Orders

  • Motion dismissed
  • Claimant to pay opponent's costs