Ibrahim v Nasr (No 2) [2021] NSWSC 1481

Ibrahim v Nasr (No 2) [2021] NSWSC 1481

Although Mr Nasr's disparaging conduct was capable of concern, it did not occur in connection with the practice of law, raised no issue concerning his integrity, arose in exceptionally emotionally distressing circumstances, and publication of the reasons would operate as a sufficient warning; an investigation by a professional regulator was unlikely to have any additional beneficial effect in the public interest.

Jurisdiction
Australia
Judgment Date
18 November 2021
Procedural Posture
Consequential Orders / On the Papers Following Directions About Whether Clint Nasr's Conduct Should Be Referred to the Legal Services Commissioner
Outcome
No order made; the Court did not refer Clint Nasr's conduct to the Legal Services Commissioner or take the matter any further.
Legal Topics
['whether to Refer Legal Practitioner to Legal Services Commissioner' 'conduct Unrelated to Legal Practice' 'procedural Fairness' 'facebook Posts and Disparaging Statements']
['legal Practitioners' 'professional Discipline' 'succession'] ['whether to Refer Legal Practitioner to Legal Services Commissioner' 'conduct Unrelated to Legal Practice' 'procedural Fairness' 'facebook Posts and Disparaging Statements']

Case Brief

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Procedural Posture

Consequential Orders / On the Papers Following Directions About Whether Clint Nasr's Conduct Should Be Referred to the Legal Services Commissioner

Legal Issues

  1. 1 ["Whether Clint Nasr's conduct in making disparaging statements about the plaintiff should be referred to the appropriate professional body to consider investigation for unsatisfactory professional conduct or professional misconduct." 'Whether Mr Nasr was denied procedural fairness in relation to Facebook posts and NSW Police documents tendered at trial.' 'Whether the public interest would be further served by an investigation by a professional regulator.']

Ratio Decidendi

Although Mr Nasr's disparaging conduct was capable of concern, it did not occur in connection with the practice of law, raised no issue concerning his integrity, arose in exceptionally emotionally distressing circumstances, and publication of the reasons would operate as a sufficient warning; an investigation by a professional regulator was unlikely to have any additional beneficial effect in the public interest.

Court Disposition

No order made; the Court did not refer Clint Nasr's conduct to the Legal Services Commissioner or take the matter any further.

Orders

  • ['No order made.']