HOOKER v AUCKLAND STANDARDS COMMITTEE 1 [2020] NZHC 2970
The court affirmed the Tribunal's three month suspension and, having balanced the practitioner's legitimate need to conclude pressing client matters against the public interest in timely enforcement of discipline, ordered the suspension to commence on 19 December 2020 and upheld the costs order of $63,675.80...
Source-derived case information.
- Citation
- [2020] NZHC 2970
- Parties
- Appellant: Rodney James Hooker; Respondent: Auckland Standards Committee 1
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 November 2020
- Procedural Posture
- Disciplinary Appeal Under the Lawyers and Conveyancers Act 2006 / Post Appeal Enforcement: Determination of Commencement Date for Suspension Following Dismissal of Appeal
- Outcome
- Appeal dismissed; Tribunal penalty and costs decisions affirmed; three month suspension ordered to commence 19 December 2020.
- Legal Topics
- Lawyers and Conveyancers Act 2006, Suspension From Practice, Costs Orders, Misconduct Disgraceful or Dishonourable Conduct
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodney James Hooker
Appellant
Auckland Standards Committee 1
Respondent
Procedural Posture
Disciplinary Appeal Under the Lawyers and Conveyancers Act 2006 / Post Appeal Enforcement: Determination of Commencement Date for Suspension Following Dismissal of Appeal
Legal Issues
- 1 Whether the three month suspension should be stayed or its commencement postponed and if so to what date
- 2 Balancing the practitioner's ability to conclude client matters against the need for timely enforcement of disciplinary sanctions
- 3 Whether the costs order of $63,675.80 (excluding GST) should stand
Ratio Decidendi
The court affirmed the Tribunal's three month suspension and, having balanced the practitioner's legitimate need to conclude pressing client matters against the public interest in timely enforcement of discipline, ordered the suspension to commence on 19 December 2020 and upheld the costs order of $63,675.80 (excluding GST).
Court Disposition
Appeal dismissed; Tribunal penalty and costs decisions affirmed; three month suspension ordered to commence 19 December 2020.
Orders
- Penalty of three months' suspension from practice as a barrister or as a solicitor, or as both, to take effect from 19 December 2020.
- Costs order of $63,675.80 (excluding GST) as ordered by the Tribunal is affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
HOOKER v AUCKLAND STANDARDS COMMITTEE 1 [2020] NZHC 2970 [12 November 2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2020-404-598[2020] NZHC 2970UNDER The Lawyers and Conveyors Act 2006IN THE MATTER Of an appeal against decisions of the NewZealand Lawyers and ConveyancersDisciplinary Tribunal on penalty and costsBETWEEN RODNEY JAMES HOOKERAppellantAND AUCKLAND STANDARDS COMMITTEE1RespondentHearing: 1 July 2020Appearances: A F Pilditch for the AppellantR M A McCoubrey and E A M Mok for the RespondentJudgment: 12 November 2020JUDGMENT OF GWYN J(as to date suspension commences)[1] In my judgment of 29 September 2020, I dismissed Mr Hooker's appeal againsttwo decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal(Tribunal):(a) First, the Tribunal's decision dated 18 March 2020,1 (the penaltydecision) imposing a penalty of three months' suspension frompractice as a barrister or as a solicitor, or as both, in respect of itsfinding of 3 May 2018 that Mr Hooker was guilty of misconduct for1 Auckland Standards Committee 1 v Hooker [2020] NZLCDT 10 [Penalty Decision].engaging in disgraceful or dishonourable conduct under s 7(1)(a)(i) ofthe Lawyers and Conveyancers Act 2006 (the Act).2(b) Second, the Tribunal's costs decision dated 29 May 2020, whichordered Mr Hooker to pay the Standards Committee's full costs of$63,675.80 (excluding GST) (the costs decision).3[2] In my judgment4 I stayed the commencement of the period of suspension untilI had received a memorandum from Mr Hooker addressing matters of timing of thestart of the suspension, having regard to his trial schedule and the impact on his clients.[3] Mr Hooker has now filed a memorandum which updates the schedule offixtures which was appended to his submissions on the appeal. Counsel for Mr Hookersubmits that the starting date of the suspension, based on the schedule, is best set at19 December 2020. That date would allow him to undertake steps in severalsignificant client matters, where, he says, the choice of Mr Hooker as counsel is ofconsiderable importance to the client.[4] The reality is that, whenever the suspension runs, it will almost inevitablycause a degree of inconvenience to Mr Hooker's clients. Having regard to the overallcircumstances I order that the penalty of three months' suspension from practice as abarrister or as a solicitor, or as both, is to take effect from 19 December 2020._____________________________Gwyn JSolicitors/counsel:Meredith Connell, AucklandVallant Hooker & Partners, AucklandRichmond Chambers, Auckland2 Auckland Standards Committee 1 v Hooker [2018] NZLCDT 15 [Liability Decision].3 Auckland Standards Committee 1 v Hooker [2020] NZLCDT 15 [Costs Decision].4 Hooker v Auckland Standards Committee [2020] NZHC 2547 at [59].