Smyrnis v Legal Practitioners Admission Board & 1 Ors [2003] NSWCA 64

Smyrnis v Legal Practitioners Admission Board & 1 Ors [2003] NSWCA 64

Given admitted serious professional misconduct comprising acceptance of bribes and giving false evidence, and agreed facts encompassing further corrupt and dishonest conduct, the Claimant was found unfit to remain on the Roll. The Law Society was the proper contradictor and entitled to be joined and awarded reasonable costs, here assessed at $6,000.

Jurisdiction
Australia
Judgment Date
02 April 2003
Procedural Posture
Disciplinary Proceedings / Court of Appeal Judgment
Outcome
Claimant found guilty of professional misconduct and struck off the Roll; costs awarded to Respondents.
Legal Topics
['professional Misconduct' "solicitor's Removal From Roll" 'costs' 'corrupt Conduct' 'false Evidence']
['legal Profession' 'professional Discipline'] ['professional Misconduct' "solicitor's Removal From Roll" 'costs' 'corrupt Conduct' 'false Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disciplinary Proceedings / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the Claimant has been guilty of professional misconduct' 'Whether the Claimant is not a fit and proper person to be on the Roll of Legal Practitioners' "Whether the Claimant's name should be struck off the Roll" 'Whether the Law Society is entitled to costs and in what amount']

Ratio Decidendi

Given admitted serious professional misconduct comprising acceptance of bribes and giving false evidence, and agreed facts encompassing further corrupt and dishonest conduct, the Claimant was found unfit to remain on the Roll. The Law Society was the proper contradictor and entitled to be joined and awarded reasonable costs, here assessed at $6,000.

Court Disposition

Claimant found guilty of professional misconduct and struck off the Roll; costs awarded to Respondents.

Orders

  • ['Declaration that the Claimant has been guilty of professional misconduct.' 'Declaration that the Claimant is not a fit and proper person to be on the Roll of Legal Practitioners.' 'The name of the Claimant be struck off the Roll of Legal Practitioners.' 'The Claimant pay the costs of the First Respondent as a...