THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v KARP [1988] NSWCA 120

THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v KARP [1988] NSWCA 120

Due to the convictions for serious offences and the opponent's indication not opposing the application, the Court declared professional misconduct and ordered removal from the Roll; sufficient consent existed for the single Judge's jurisdiction under s46 Supreme Court Act 1970.

Parties
Claimant: The Prothonotary of the Supreme Court of New South Wales; Opponent: Ross John Karp
Jurisdiction
Australia
Judgment Date
27 June 1988
Procedural Posture
Removal From Roll of Solicitors / Application for Order by Consent Before Single Judge of Appeal
Outcome
Declaration of professional misconduct and removal from Roll of Solicitors granted.
Legal Topics
Removal From Roll, Professional Misconduct, Jurisdiction of Single Judge of Appeal
Legal Practitioners Criminal Law Removal From Roll Professional Misconduct Jurisdiction of Single Judge of Appeal

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Parties

The Prothonotary of the Supreme Court of New South Wales

Claimant

Ross John Karp

Opponent

Procedural Posture

Removal From Roll of Solicitors / Application for Order by Consent Before Single Judge of Appeal

Legal Issues

  1. 1 Whether the solicitor's convictions amount to professional misconduct justifying removal from the Roll
  2. 2 Whether sufficient consent exists to empower a single Judge of Appeal to make orders under s46 Supreme Court Act 1970

Ratio Decidendi

Due to the convictions for serious offences and the opponent's indication not opposing the application, the Court declared professional misconduct and ordered removal from the Roll; sufficient consent existed for the single Judge's jurisdiction under s46 Supreme Court Act 1970.

Court Disposition

Declaration of professional misconduct and removal from Roll of Solicitors granted.

Orders

  • Declare the opponent has been guilty of professional misconduct.
  • Order the opponent's name be removed from the Roll of Solicitors of the Court.