THE PROTHONOTARY OF THE SUPREME COURT OF NEW SOUTH WALES v KARP [1988] NSWCA 120

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

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY J 27 June 1988, 27 June 1988 [1988] NSWCA 120

LEGAL PRACTITIONERS — solicitors — removal from Roll of Solicitors — solicitor convicted of conspiracy to import prohibited narcotic goods — later pleads guilty to conspiracy to pervert the course of justice — sentenced to and serving long period of imprisonment — proof of service of summons and documents — no appearance — whether solicitor consents to order of removal — held: (1) Solicitor sufficiently consents to order to authorise a single Judge of Appeal to exercise powers of Court of Appeal under s46 Supreme Court Act 1970; (2) Declaration made and name removed from Rolls. PRACTICE — single Judge of Appeal — removal of name of solicitor from Roll — whether consents so as to found jurisdiction of single Judge of Appeal — held: Single judge may exercise powers of Court of Appeal in this respect if consent sufficiently clear, as here. 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; and 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 authorised to exercise the powers of the Court of Appeal to direct the entry of judgment by consent or to make any order by consent.

The Prothonotary moves the Court, by summons, seeking an order that the name of the opponent, Ross John Karp, a solicitor, be removed from the Roll of Solicitors of the Court. He also seeks a declaration that the opponent has been guilty of professional misconduct by reason of the matters set out in the affidavits filed.