NEW SOUTH WALES BAR ASSOCIATION v STEVENS (No 2) [2003] NSWCA 107

NEW SOUTH WALES BAR ASSOCIATION v STEVENS (No 2) [2003] NSWCA 107

The prospects for special leave to the High Court are not sufficient to justify a stay of the orders of the Court of Appeal, particularly given the pending expiry of the practising certificate and the impending resolution of associated proceedings; public interest and the ongoing strike-off proceedings were relevant and properly weighed in refusing the stay.

Parties
Claimant: Clarence James Stevens; Opponent: New South Wales Bar Association
Jurisdiction
Australia
Judgment Date
02 May 2003
Procedural Posture
Application for Stay / Court of Appeal Post Judgment Application Pending Special Leave to Appeal to High Court
Outcome
Application for stay dismissed.
Legal Topics
Stay of Judgment, Cancellation of Practising Certificate, Public Interest in Legal Profession, Disciplinary Jurisdiction
Procedure Legal Practitioners Disciplinary Proceedings Stay of Judgment Cancellation of Practising Certificate Public Interest in Legal Profession Disciplinary Jurisdiction

Case Brief

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Parties

Clarence James Stevens

Claimant

New South Wales Bar Association

Opponent

Procedural Posture

Application for Stay / Court of Appeal Post Judgment Application Pending Special Leave to Appeal to High Court

Legal Issues

  1. 1 Whether a stay of the orders of the Court of Appeal pending application for special leave to the High Court should be granted
  2. 2 Whether public interest considerations were given determinative weight in the exercise of discretion to grant a stay in disciplinary proceedings
  3. 3 Whether pending strike-off proceedings are relevant to the stay application

Ratio Decidendi

The prospects for special leave to the High Court are not sufficient to justify a stay of the orders of the Court of Appeal, particularly given the pending expiry of the practising certificate and the impending resolution of associated proceedings; public interest and the ongoing strike-off proceedings were relevant and properly weighed in refusing the stay.

Court Disposition

Application for stay dismissed.

Orders

  • The application for stay pending application for special leave to appeal to the High Court is dismissed.
  • The orders of the Court take effect at 5pm on Wednesday 7 May 2003, with the effect stayed until 5pm on Friday 9 May 2003 to allow approach to the High Court.