28 Mar 2023
Extension of time to appeal was refused because the short delay (21 working days) and lack of prejudice did not outweigh the clear lack of merit in the proposed appeal; the High Court had dealt with the only live issue on the pleadings and the proposed grounds relied on abandoned arguments (arbitration) and were therefore hopeless.
12 Sept 2011
Leave to appeal was granted because the issues identified raise questions of law and fact capable of bona fide and serious argument, have ongoing effect under s241(c) of the Lawyers and Conveyancers Act 2006, and implicate the important professional issue of the interpretation and enforcement of lawyers' undertakings; accordingly leave to appeal to the Court of Appeal was granted on the specified questions.
11 Jul 2011
The Court held that W's breach of an imprecise, gratuitous undertaking did not amount to professional misconduct under s 112(1)(a) because the facts supported an honest error, consultation with colleagues and absence of indifference or abuse of privilege, but objectively W's drafting and release of funds constituted negligence or incompetence under s 112(1)(c) of such degree as to tend to bring the profession into disrepute; accordingly appeal dismissed on s 112(1)(a) and allowed on s 112(1)(c), particulars proved and matter remitted to the Tribunal for penalty and costs.