Finocchiaro v Law Society of NSW & Anor [2002] NSWSC 112

Finocchiaro v Law Society of NSW & Anor [2002] NSWSC 112

The Law Society's determination disallowing the plaintiff's claim was affected by Wednesbury unreasonableness and denial of natural justice, as it failed to provide the plaintiff with adverse reports considered and ignored probative, unchallenged evidence of dishonesty. The determination is therefore invalid and should be set aside.

Parties
Plaintiff: Anthony Finocchiaro; First Defendant: Law Society of New South Wales; Second Defendant: Joseph Aliperti
Jurisdiction
Australia
Judgment Date
28 February 2002
Procedural Posture
Judicial Review / Judgment
Outcome
Determination set aside and matter remitted
Legal Topics
Judicial Review, Law Society Fidelity Fund, Wednesbury Unreasonableness, Natural Justice
Administrative Law Judicial Review Law Society Fidelity Fund Wednesbury Unreasonableness Natural Justice

Case Brief

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Parties

Anthony Finocchiaro

Plaintiff

Law Society of New South Wales

First Defendant

Joseph Aliperti

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Law Society's determination was unreasonable or involved procedural unfairness
  2. 2 Whether the Law Society failed to provide natural justice by not disclosing material considered
  3. 3 Whether the Law Society's determination was subject to judicial review

Ratio Decidendi

The Law Society's determination disallowing the plaintiff's claim was affected by Wednesbury unreasonableness and denial of natural justice, as it failed to provide the plaintiff with adverse reports considered and ignored probative, unchallenged evidence of dishonesty. The determination is therefore invalid and should be set aside.

Court Disposition

Determination set aside and matter remitted

Orders

  • Determination of Law Society made on 22 February 2001 declared invalid and of no effect.
  • Determinations of the Law Society disallowing the plaintiff's claim are set aside.