Doherty v The Law Society of New South Wales [2003] NSWSC 464

Doherty v The Law Society of New South Wales [2003] NSWSC 464

The Law Society acted responsibly in cancelling the practising certificate, refusing the application for a new practising certificate, preparing for and conducting the proceedings, and serving the public interest by assisting the Court on the protection of the public. In those circumstances, the Court's costs discretion should be exercised by ordering the plaintiff to pay the Law Society's costs, despite the earlier order that a practising certificate issue subject to conditions.

Jurisdiction
Australia
Judgment Date
02 June 2003
Procedural Posture
Legal Practitioners Appeal Against Resolution of Law Society Refusing Application for Practising Certificate / Costs Determination After Judgment on Summons
Outcome
The plaintiff was ordered to pay the first defendant's costs in the proceedings, with no order as to the costs of the second defendant.
Legal Topics
['practising Certificate' 'law Society Disciplinary Functions' 'costs Discretion' 'public Interest']
['legal Profession' 'civil Procedure'] ['practising Certificate' 'law Society Disciplinary Functions' 'costs Discretion' 'public Interest']

Case Brief

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Procedural Posture

Legal Practitioners Appeal Against Resolution of Law Society Refusing Application for Practising Certificate / Costs Determination After Judgment on Summons

Legal Issues

  1. 1 ["Whether the plaintiff should be ordered to pay the Law Society's costs notwithstanding that the Court had ordered the issue of a practising certificate subject to conditions." 'Whether the manner in which the Law Society conducted the proceedings justified or weighed against an order for costs in its favour.']

Ratio Decidendi

The Law Society acted responsibly in cancelling the practising certificate, refusing the application for a new practising certificate, preparing for and conducting the proceedings, and serving the public interest by assisting the Court on the protection of the public. In those circumstances, the Court's costs discretion should be exercised by ordering the plaintiff to pay the Law Society's costs, despite the earlier order that a practising certificate issue subject to conditions.

Court Disposition

The plaintiff was ordered to pay the first defendant's costs in the proceedings, with no order as to the costs of the second defendant.

Orders

  • ["The plaintiff to pay the first defendant's costs in the proceedings." 'No order as to costs of the second defendant.']