Nikolaidis v Legal Services Commissioner and Anor [2007] NSWSC 1491

Nikolaidis v Legal Services Commissioner and Anor [2007] NSWSC 1491

The interests of justice favoured granting a stay because the stay would operate for a comparatively brief period pending an appeal with reasonable prospects of success; the plaintiff had practised without apparent risk to the public between 2000 and sentencing; without a practising certificate s 17 of the Legal Profession Act 2004 created a real risk that Mr Zwar could not run the firm and a likelihood of prejudice to clients; and the plaintiff's undertakings restricting his practice, requiring disclosure of his conviction, and requiring compliance with reasonable directions adequately protected the public. The plaintiff was ordered to pay the defendants' costs because their conduct in...

Jurisdiction
Australia
Judgment Date
21 December 2007
Procedural Posture
Application by Solicitor for Stay of Cancellation and Suspension of Practising Certificate / Urgent Interlocutory Application Pending Appeal to the Court of Criminal Appeal
Outcome
Stay granted on undertakings to be given by the legal practitioner; plaintiff ordered to pay the defendants' costs of the application.
Legal Topics
['cancellation and Suspension of Practising Certificate' 'stay Pending Appeal' 'protection of the Public' 'fitness to Practise' 'undertakings by Legal Practitioner']
['legal Practitioners' 'professional Discipline' 'administrative Law'] ['cancellation and Suspension of Practising Certificate' 'stay Pending Appeal' 'protection of the Public' 'fitness to Practise' 'undertakings by Legal Practitioner']

Case Brief

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Procedural Posture

Application by Solicitor for Stay of Cancellation and Suspension of Practising Certificate / Urgent Interlocutory Application Pending Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the cancellation and suspension of the plaintiff's practising certificate should be stayed pending determination of his appeal against conviction." 'Whether the public would be adequately protected if a stay were granted on conditions.' 'Whether refusal of a stay would risk serious prejudice to the plaintiff, the firm and its clients, and undermine the utility of the appeal.' 'What costs order should be made on the stay application.']

Ratio Decidendi

The interests of justice favoured granting a stay because the stay would operate for a comparatively brief period pending an appeal with reasonable prospects of success; the plaintiff had practised without apparent risk to the public between 2000 and sentencing; without a practising certificate s 17 of the Legal Profession Act 2004 created a real risk that Mr Zwar could not run the firm and a likelihood of prejudice to clients; and the plaintiff's undertakings restricting his practice, requiring disclosure of his conviction, and requiring compliance with reasonable directions adequately protected the public. The plaintiff was ordered to pay the defendants' costs because their conduct in...

Court Disposition

Stay granted on undertakings to be given by the legal practitioner; plaintiff ordered to pay the defendants' costs of the application.

Orders

  • ['Leave granted to the plaintiff to file and serve the Amended Summons by 4 pm on 19 December 2007.' 'The amended Summons was listed for direction on 19 March 2008.' 'The Court noted undertakings by the plaintiff that, until his appeal against conviction is finally decided, lapses or otherwise ends, or until further...