Barber v The Law Society of NSW [2000] NSWSC 901

Barber v The Law Society of NSW [2000] NSWSC 901

The Master's exercise of discretion miscarried because a reasonable view of the evidence showed that the proposed appeal was clearly arguable with prospects of success, and the prospects were not merely 'slender'; the extension of time to appeal should have been granted.

Jurisdiction
Australia
Judgment Date
06 September 2000
Procedural Posture
Appeal / Judgment on Appeal From Master
Outcome
Appeal allowed
Legal Topics
['fidelity Fund Claims' 'extension of Time' "solicitor's Practice"]
['legal Profession'] ['fidelity Fund Claims' 'extension of Time' "solicitor's Practice"]

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Master

Legal Issues

  1. 1 ["Whether there was an arguable case that the monies were received by or entrusted to Mr Hill in the course of his solicitor's practice" "Whether the extension of time to appeal against the decision disallowing Mr Barber's claim against the Fidelity Fund should be granted"]

Ratio Decidendi

The Master's exercise of discretion miscarried because a reasonable view of the evidence showed that the proposed appeal was clearly arguable with prospects of success, and the prospects were not merely 'slender'; the extension of time to appeal should have been granted.

Court Disposition

Appeal allowed

Orders

  • ['Judgment of Master Malpass of 31 May is set aside.' "Time for appealing against the respondent's decision extended to 21 September 1999." "Respondent to pay the appellant's costs of the hearing of 12 May 2000 and of this appeal." "Respondent's Notice of Motion of 20 October 1999 is dismissed." 'Hearing of the...