CARSON v LEGAL SERVICES COMMISSIONER (NO 2) [1997] NSWCA 62

CARSON v LEGAL SERVICES COMMISSIONER (NO 2) [1997] NSWCA 62

The complexity and likely length of oral evidence, and inconvenience of three appellate Judges hearing such evidence, outweigh other reasons for retaining the proceedings in the Court of Appeal. Section 51(4) empowers remittal, and the matter is best determined in the Common Law Division before a single Judge.

Parties
Claimant: Nicholas Roderick Carson; First Opponent: Legal Services Commissioner; Second Opponent: Legal Services Tribunal
Jurisdiction
Australia
Judgment Date
29 August 1997
Procedural Posture
Prerogative Relief / Application to Remit Proceedings; Interlocutory Decision
Outcome
proceedings remitted to Common Law Division
Legal Topics
Procedural Fairness, Remission of Proceedings, Prerogative Relief, Professional Misconduct
Administrative Law Professional Discipline Procedural Fairness Remission of Proceedings Prerogative Relief Professional Misconduct

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Parties

Nicholas Roderick Carson

Claimant

Legal Services Commissioner

First Opponent

Legal Services Tribunal

Second Opponent

Procedural Posture

Prerogative Relief / Application to Remit Proceedings; Interlocutory Decision

Legal Issues

  1. 1 Whether proceedings should be remitted to the Common Law Division for hearing of oral evidence
  2. 2 Procedural fairness in investigation and prosecution of professional misconduct
  3. 3 Whether complex factual issues are suitable for hearing by the Court of Appeal

Ratio Decidendi

The complexity and likely length of oral evidence, and inconvenience of three appellate Judges hearing such evidence, outweigh other reasons for retaining the proceedings in the Court of Appeal. Section 51(4) empowers remittal, and the matter is best determined in the Common Law Division before a single Judge.

Court Disposition

proceedings remitted to Common Law Division

Orders

  • The whole proceedings be remitted to the Common Law Division for determination.
  • The costs of the notice of motion be costs in the proceedings.