Gridiger v Council of the Law Society of NSW [1999] NSWSC 904

Gridiger v Council of the Law Society of NSW [1999] NSWSC 904

The s 152 notice under the Legal Profession Act 1987 (NSW) is valid because it was issued for the purpose of investigating a complaint as contemplated by the Act, does not require more formality than a notice in writing, authorises compilation of information, and although confidentiality or privilege may apply to some items, this does not invalidate the notice as a whole. The application to set aside the notice and to remove the second defendant is dismissed, and costs follow the events.

Parties
Plaintiff: Roland Errol Gridiger; First Defendant: The Council of the Law Society of New South Wales; Second Defendant: The Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
08 September 1999
Procedural Posture
Civil / Judgment on Application to Set Aside Notice and Application to Remove Party
Outcome
Application dismissed
Legal Topics
Authority to Issue Notice Under S 152 Legal Profession Act 1987, Investigation of Complaint Against Solicitor, Legal Professional Privilege and Production of Documents
Legal Profession Administrative Law Authority to Issue Notice Under S 152 Legal Profession Act 1987 Investigation of Complaint Against Solicitor Legal Professional Privilege and Production of Documents

Case Brief

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Parties

Roland Errol Gridiger

Plaintiff

The Council of the Law Society of New South Wales

First Defendant

The Law Society of New South Wales

Second Defendant

Procedural Posture

Civil / Judgment on Application to Set Aside Notice and Application to Remove Party

Legal Issues

  1. 1 Whether the s 152 notice issued under the Legal Profession Act 1987 (NSW) is valid
  2. 2 Whether the notice constitutes an abuse of process
  3. 3 Whether the second defendant should be removed from proceedings

Ratio Decidendi

The s 152 notice under the Legal Profession Act 1987 (NSW) is valid because it was issued for the purpose of investigating a complaint as contemplated by the Act, does not require more formality than a notice in writing, authorises compilation of information, and although confidentiality or privilege may apply to some items, this does not invalidate the notice as a whole. The application to set aside the notice and to remove the second defendant is dismissed, and costs follow the events.

Court Disposition

Application dismissed

Orders

  • The second defendant's notice of motion is dismissed.
  • The summons is dismissed.