NEW SOUTH WALES BAR ASSOCIATION v THOMAS [1989] NSWCA 152

NEW SOUTH WALES BAR ASSOCIATION v THOMAS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, SAMUELS and CLARKE JJA 7 and 8 February 1989, 9 May 1989

[1989] NSWCA 152

LEGAL PRACTITIONERS — barrister — summons for removal from roll — alleged arrangement by barrister, then a police officer, with police informant to deceive fellow police officer, to record misleading statements and to give false evidence to a court in criminal proceedings — alleged failure to inform Crown counsel of the circumstances surrounding the arrangements with the witness, his statements and evidence alleged false or misleading statement to the Bar Association upon request to show cause — delay in investigation and consideration of complaints against a barrister by the Bar Association — whether disciplinary proceedings should be stayed on the ground of inordinate delay on the part of the Association — HELD: (1) Disciplinary proceedings, although for the protection of the public, may be stayed on the ground of inordinate delay where their continuance would be an abuse of process of the court. Herron v McGregor and Others (1986) NSWLR 246 applied; Jack Brabham Holdings Pty Limited vy Button, Court of Appeal, unreported, 23 December 1988; (1989) 6 NSWJB 5; Re Macphee and Barristers' Society of New Brunswick (1983) 1 DLR (4th) 156 considered; (2) But in the circumstances of this case, including the absence of any evidence of substantial prejudice to the barrister as well as the public interest in the disposal of the complaints, the proceedings should not be stayed. PRACTICE AND PROCEDURE — stay — abuse of process — disciplinary proceedings — whether stay available — whether different principles applicable to disciplinary proceedings for the protection of the public and criminal proceedings or other civil proceedings — HELD: (1) A stay of proceedings is available in the event that disciplinary proceedings are inordinately delayed so that their furtherance would be an abuse of the process of the court; (2) But the considerations applicable where the object of the proceedings is not punishment but the protection of the public are different in some respects from proceedings which are criminal in nature. Watson v The Attorney General for New South Wales (1987) 8 NSWLR 685; [1987] 20 Leg Rep SL 1 referred to and applied.