Mavrakis v The Law Society [2008] NSWSC 816

Mavrakis v The Law Society [2008] NSWSC 816

Although the plaintiff succeeded in the appeal, the Law Society was not shown to have acted unreasonably or otherwise than in the public interest in suspending the practising certificate or in conducting the proceedings. The usual public policy approach that a successful practitioner may still pay the professional body's costs applied, and there was no good reason to depart from it.

Jurisdiction
Australia
Judgment Date
13 August 2008
Procedural Posture
Appeal Under S549 of the Legal Profession Act 2004 Against Suspension of a Practising Certificate Under S548 of the Act / Judgment on Costs Following Successful Appeal
Outcome
Plaintiff ordered to pay first defendant's costs
Legal Topics
["suspension of Solicitor's Practising Certificate" 'appeal Against Suspension' 'costs Discretion' 'public Interest Role of Professional Body']
['legal Profession' 'costs'] ["suspension of Solicitor's Practising Certificate" 'appeal Against Suspension' 'costs Discretion' 'public Interest Role of Professional Body']

Case Brief

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Procedural Posture

Appeal Under S549 of the Legal Profession Act 2004 Against Suspension of a Practising Certificate Under S548 of the Act / Judgment on Costs Following Successful Appeal

Legal Issues

  1. 1 ["Whether the plaintiff should pay the Law Society's costs despite succeeding in the appeal against suspension of his practising certificate." 'Whether the Law Society acted reasonably and in the public interest in suspending the practising certificate and conducting the proceedings.']

Ratio Decidendi

Although the plaintiff succeeded in the appeal, the Law Society was not shown to have acted unreasonably or otherwise than in the public interest in suspending the practising certificate or in conducting the proceedings. The usual public policy approach that a successful practitioner may still pay the professional body's costs applied, and there was no good reason to depart from it.

Court Disposition

Plaintiff ordered to pay first defendant's costs

Orders

  • ["The plaintiff is ordered to pay the Law Society's costs."]