THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v HILTON [1988] NSWCA 119

THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v HILTON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 27 June 1988, 27 June 1988 [1988] NSWCA 119

LEGAL PRACTITIONERS — solicitors — removal from Roll of Solicitors — application by Prothonotary — solicitor convicted of conspiracy to corrupt a public officer — sentenced — appeals — Court of Criminal Appeal confirms sentence — solicitor indicates consent — proof of service of application made — held: (1) Summons may be dealt with by single Judge of Appeal for the Court. Supreme Court Act 1970, s46; (2) Order removing solicitor's name from Roll and declaration of unfitness made. Supreme Court Act 1970, s46. ORDERS 1. Declare that the opponent has been guilty of professional misconduct by reason of the matters set forth in this judgment. 2. Order that the opponent's name be removed from the Roll of Solicitors of the Court.

Kirby P I am dealing with this summons pursuant to the powers conferred on me by s46 of the Supreme Court Act 1970. By that section I am empowered to exercise the powers of the Court of Appeal and to direct the entry of any judgment by consent or to make any order by consent which the Court may make. Power to remove a solicitor from the Roll of Solicitors is vested in the Court.

The Prothonotary of the Supreme Court moves the Court for a declaration that the opponent, Howard Hilton, a solicitor, has been guilty of professional misconduct by reason of matters set forth in the summons. He seeks a consequential order that Mr Hilton's name be removed from the Roll of Solicitors of the Court.

From the affidavit of the Prothonotary and the annexed documents it appears that the opponent was admitted by the Court as a solicitor on 26 August 1966. His name has remained on the Roll of Solicitors since that date.