QUINN HC TAU CIV 2006-470-217

QUINN HC TAU CIV 2006-470-217 16 March 2006IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CIV 2006-470-217IN THE MATTER OF an application by KELLY MICHAEL QUINN pursuant to section 55 of the Law Practitioners Act 1982 KELLY MICHAEL QUINN Applicant Hearing: 16 March 2006 (at Hamilton) Counsel: D Chesterman for Applicant W C Pyke for the Waikato Bay of Plenty District Law Society Judgment: 16 March 2006(ORAL) JUDGMENT OF HEATH JSolicitors: Sharp Tudhope, Tauranga Counsel: D Chesterman, Tauranga W C Pyke, Hamilton[1] Mr Quinn applies to the Court for an order granting leave to commence practice on his own account. The application is made under s55(3)(a) of the Law Practitioners Act 1982. That section provides:55 Restriction on right of practitioner to commence private practice (3) A practitioner may apply to the Court for leave to commence practice on his own account in either of the following cases: (a) Where, during the 8 years immediately preceding the date of the application, he has had less than 3 years' legal experience in New Zealand but otherwise meets the requirements of subsection (2) of this section; or .[2] Under s55(5) the Court may grant an application if, having regard to matters set out in s55(6), it is satisfied that the applicant is a suitable person to practice on his own account. Leave may be granted on such conditions as the Court thinks appropriate. Section 55(6) provides:(6) The matters to which the District Council or the Court shall have regard for the purposes of subsection (2)(b) or subsection (5) of this section are— (a) The applicant's age: (b) His experience: (c) Whether or not he intends to commence practice as a member of a firm: (d) The fields in which he intends to practise: (e) Such other matters as the District Council or the Court thinks fit.[3] As a preliminary matter Mr Chesterman has advised me of an error in the exhibit notes to the affidavit of the applicant. They were not signed by the person taking the affidavit. A facsimile copy of a corrected version of the affidavit has been made available to me today. On Mr Chestemran's undertaking to me that the original will be filed in Court promptly, I have indicated I am prepared to deal with the application today.[4] Mr Quinn, though not qualifying for the right to practice on his own account as a result of relevant and proximate practical legal experience in New Zealand has an impressive background in the legal profession, having worked for firms in Auckland, Rotorua and Tauranga as well as in Hong Kong. [5] I am satisfied from his affidavit that his experience is such that, had all the experience been in New Zealand at a sufficiently proximate time, he would have qualified to practice on his own account as of right. The remaining factors in s55(6) are matters on which I have no difficulty finding that he should be entitled to practise. [6] The Waikato Bay of Plenty District Law Society has been served with the application, as required by s55(4) of the Act. The Society does not oppose the order sought. [7] On the basis of the evidence that has been put before the Court, I make an order granting leave for Kelly Michael Quinn to commence practice as a barrister and solicitor on his own account. ____________________ P R Heath J