NEW ZEALAND LAW SOCIETY v JOHN LLEWELLYN STANLEY [2019] NZSC 125
The Supreme Court granted leave to appeal to determine whether the Court of Appeal was correct to allow the appeal and order Mr Stanley's admission; the parties were directed to address whether the respondent's name could be removed from the roll if the appeal succeeds and the relevance of s 41 and of the failure to...
Source-derived case information.
- Citation
- [2019] NZSC 125
- Parties
- Applicant: New Zealand Law Society; Respondent: John Llewellyn Stanley
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 13 November 2019
- Procedural Posture
- Application for Leave to Appeal / Leave Granted; Respondent Admitted Pending Appeal
- Outcome
- Leave to appeal granted
- Legal Topics
- Admission to the Bar, Stay of Judgment, Removal From Roll, Lawyers and Conveyancers Act 2006 S41
Source-derived case record
Summary, issues, holding and outcome
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Parties
New Zealand Law Society
Applicant
John Llewellyn Stanley
Respondent
Procedural Posture
Application for Leave to Appeal / Leave Granted; Respondent Admitted Pending Appeal
Legal Issues
- 1 Whether the Court of Appeal was correct to allow the appeal and order the respondent's admission
- 2 Whether the respondent's name could be removed from the roll if the Supreme Court allows the appeal
- 3 Application and relevance of s 41 of the Lawyers and Conveyancers Act 2006
Ratio Decidendi
The Supreme Court granted leave to appeal to determine whether the Court of Appeal was correct to allow the appeal and order Mr Stanley's admission; the parties were directed to address whether the respondent's name could be removed from the roll if the appeal succeeds and the relevance of s 41 and of the failure to challenge the Court of Appeal stay decision.
Court Disposition
Leave to appeal granted
Orders
- Application for leave to appeal is granted (Stanley v The New Zealand Law Society [2019] NZCA 119).
- Approved ground of appeal: whether the Court of Appeal was correct to allow the appeal against the High Court judgment and to make an order for Mr Stanley's admission.
Full Case Text
Judgment text and source record
1 paragraphs
NEW ZEALAND LAW SOCIETY v JOHN LLEWELLYN STANLEY [2019] NZSC 125 [13 November 2019]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 41/2019[2019] NZSC 125BETWEEN NEW ZEALAND LAW SOCIETYApplicantAND JOHN LLEWELLYN STANLEYRespondentHearing: 25 September 2019Court: Winkelmann CJ, Glazebrook and Williams JJCounsel: P N Collins for ApplicantJ C Gwilliam and H Joubert for RespondentJudgment: 13 November 2019JUDGMENT OF THE COURTA The application for leave to appeal is granted (Stanley vThe New Zealand Law Society [2019] NZCA 119).B The approved ground of appeal is whether the Court ofAppeal was correct to allow the appeal against theHigh Court judgment (Stanley v New Zealand Law Society[2018] NZHC 1154) and to make an order for Mr Stanley'sadmission.____________________________________________________________________REASONS[1] An application for a stay of the Court of Appeal judgment1 by the New ZealandLaw Society was refused by the Court of Appeal.2 No appeal was lodged against thatdecision and no application for a stay was made to this Court. Mr Stanley has nowbeen admitted as a barrister and solicitor of the High Court of New Zealand.1 Stanley v The New Zealand Law Society [2019] NZCA 119 (French, Dobson and Brewer JJ).2 Stanley v New Zealand Law Society [2019] NZCA 354 (Kós P, Gilbert and Wild JJ).[2] As well as addressing the approved question, the parties should address in theirsubmissions whether (and if so, how) Mr Stanley's name could be removed from theroll of barristers and solicitors should the appeal be allowed. The parties should alsoaddress s 41 of the Lawyers and Conveyancers Act 2006. The relevance of the failureto challenge the Court of Appeal stay decision may also be addressed.Solicitors:New Zealand Law Society, Wellington for ApplicantMain Street Legal Ltd, Upper Hutt for Respondent