Patel v The Law Society of NSW [1999] NSWCA 372

Patel v The Law Society of NSW [1999] NSWCA 372

The prohibition of reinstatement by the UK tribunal is not equivalent to actual removal for misconduct or suspension under Pt 65A r 3; therefore, rule does not apply to claimant’s circumstances and the summons should be dismissed.

Jurisdiction
Australia
Judgment Date
01 October 1999
Procedural Posture
Summons / Court of Appeal Judgment
Outcome
Summons dismissed, no order as to costs.
Legal Topics
['suspension of Legal Practice' 'admission to Practice' 'disciplinary Proceedings' 'interpretation of Supreme Court Rules Pt 65 a R 3']
['legal Profession Law'] ['suspension of Legal Practice' 'admission to Practice' 'disciplinary Proceedings' 'interpretation of Supreme Court Rules Pt 65 a R 3']

Case Brief

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Procedural Posture

Summons / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether prohibition of reinstatement to the Roll of Solicitors of England and Wales is equivalent to suspension or removal from the roll for purposes of Pt 65A r 3 of the NSW Supreme Court Rules']

Ratio Decidendi

The prohibition of reinstatement by the UK tribunal is not equivalent to actual removal for misconduct or suspension under Pt 65A r 3; therefore, rule does not apply to claimant’s circumstances and the summons should be dismissed.

Court Disposition

Summons dismissed, no order as to costs.

Orders

  • ['Summons dismissed' 'No order as to costs']