FRANCISC CATALIN DELIU v THE NATIONAL STANDARDS COMMITTEE AND THE AUCKLAND STANDARDS COMMITTEE NO. 1 OF THE NZ LAW SOCIETY [2017] NZHC 2318

FRANCISC CATALIN DELIU v THE NATIONAL STANDARDS COMMITTEE AND THE AUCKLAND STANDARDS COMMITTEE NO. 1 OF THE NZ LAW SOCIETY [2017] NZHC 2318

Freedom of expression did not protect repetitive, intemperate and unfounded allegations against judges that undermined public confidence; the appellant's conduct occurred while providing regulated services under s7(1)(a) or work connected to such services; no absolute or qualified privilege applied to defeat disciplinary charges; judicial criticisms could be admitted under s239 for weight assessment; evidence sufficed on balance of probabilities; 15 months' suspension and specified costs were a proportionate response and within statutory powers.

Citation
[2017] NZHC 2318
Parties
Appellant / Plaintiff: Francisc Catalin Deliu; Respondent / Second Defendant: The National Standards Committee and the Auckland Standards Committee No. 1 of the New Zealand Law Society; First Defendant: The New Zealand Lawyers and Conveyancers Disciplinary Tribunal
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 September 2017
Procedural Posture
Appeal and Judicial Review Under the Lawyers and Conveyancers Act 2006 / High Court Determination on Liability, Penalty and Costs Following Tribunal Decisions
Outcome
Appeal and judicial review dismissed; Tribunal findings on liability, penalty and costs upheld with minor modification to costs for specific invoices
Legal Topics
Misconduct, Unsatisfactory Conduct, Regulated Services (s7), Freedom of Speech Limitation, Privilege (absolute and Qualified), Abuse of Process and Delay, Admissibility and Weight of Judicial Criticism, Penalty (suspension Vs Strike Off), Costs Recovery
Legal Profession Regulation Disciplinary Proceedings Administrative Law Constitutional Law (freedom of Expression) Evidence Law Misconduct Unsatisfactory Conduct Regulated Services (s7) +6 more

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Parties

Francisc Catalin Deliu

Appellant / Plaintiff

The National Standards Committee and the Auckland Standards Committee No. 1 of the New Zealand Law Society

Respondent / Second Defendant

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal

First Defendant

Procedural Posture

Appeal and Judicial Review Under the Lawyers and Conveyancers Act 2006 / High Court Determination on Liability, Penalty and Costs Following Tribunal Decisions

Legal Issues

  1. 1 Whether freedom of expression protected the appellant's allegations against judges
  2. 2 Whether the appellant was providing 'regulated services' under s7(1)(a) when making allegations
  3. 3 Whether the allegations were proven false or without sufficient foundation

Ratio Decidendi

Freedom of expression did not protect repetitive, intemperate and unfounded allegations against judges that undermined public confidence; the appellant's conduct occurred while providing regulated services under s7(1)(a) or work connected to such services; no absolute or qualified privilege applied to defeat disciplinary charges; judicial criticisms could be admitted under s239 for weight assessment; evidence sufficed on balance of probabilities; 15 months' suspension and specified costs were a proportionate response and within statutory powers.

Court Disposition

Appeal and judicial review dismissed; Tribunal findings on liability, penalty and costs upheld with minor modification to costs for specific invoices

Orders

  • Appeal and judicial review dismissed
  • Practitioner suspended from practice for 15 months effective 1 February 2017