Livers v Legal Services Commissioner (No 2) [2021] NSWCA 164

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Livers v Legal Services Commissioner (No 2) [2021] NSWCA 164 Hearing dates: On the papers Decision date: 06 August 2021 Before: Ward CJ in Eq at [1]; White JA at [2]; McCallum JA at [18] Decision: Motion dismissed Catchwords: COSTS — Civil and Administrative Tribunal — disciplinary proceedings — costs incurred by a lawyer in defending allegations of professional misconduct — application for payment of costs from the Public Purpose Fund following successful appeal — statutory requirement for the Court to be satisfied that the lawyer did not engage in unsatisfactory professional conduct or professional misconduct — where solicitor admitted professional misconduct but on a basis not alleged by the Legal Services Commissioner in the proceedings before the Tribunal — proper construction of sch 5, cl 23(3) of the Civil and Administrative Tribunal Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 17, 23, 60, sch 5 cl 23(3) Civil Procedure Act 2005 (NSW), s 98(3) Legal Profession Act 2004 (NSW), s 497(1) Legal Profession Uniform Law Application Act 2014 (NSW), s 55 Supreme Court Act 1970 (NSW), s 75A(6) Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.17 Cases Cited: Grace v Grace (No 9) [2014] NSWSC 1239 Gray v Richards (No 4) [2017] NSWSC 1714 Livers v Legal Services Commissioner [2020] NSWCA 317 Short v Crawley (No 45) [2013] NSWSC 1541 Tjiong v Tjiong (No 2) [2018] NSWSC 1981 Category: Costs Parties: Peter James Livers (Appellant) Legal Services Commissioner (Respondent) Representation: Counsel: S Prince SC, E Olivier (Appellant) T Wong SC, B Cameron (Respondent)