David Anthony McCARTHY v LAW SOCIETY OF NEW SOUTH WALES [1991] NSWCA 194

David Anthony McCARTHY v LAW SOCIETY OF NEW SOUTH WALES SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and MEAGHER JJA 3 June 1991

[1991] NSWCA 194

Mahoney JA This application comes before the Court in the context of an appealwhich has been brought against orders made by the Statutory Committee on, it would appear, 6 December 1990. The appeal has been brought against those orders by a document described as a summons bearing date 21 January 1991.

Mr McCarthy, the appellant in the matter, has moved the court on motion for orders, the principal one of which is that the matter stand out of the list for a period of six months.

The basis of the application - as appearing from the affidavit which has been filed in the matter - essentially is that there are criminal proceedings now pending, criminal proceedings in respect of which - as I understand - Mr McCarthy has been committed for trial in relation to some, but not all, of the matters relied upon by the Statutory Committee in making the orders against Mr McCarthy that it did. Those orders involve that he be struck off the Roll of Solicitors.

The essential problem arises because of the pendency of the criminal proceedings.

Mr Garling, for the Law Society, has opposed the application that the matter stand out of the list generally. He has indicated that subsequently if and when the matter of the appeal is ready for hearing by this Court the Law Society would consider its position again in relation to any application for further adjournment by reason of the pendency of the criminal proceedings.

There is substance in the contention that there would be embarrassment if the criminal proceedings are apt to involve matters in respect of which Mr McCarthy, if the appeal proceeds first, would want to give evidence before this Court there is substance in the contention that they may involve him in unacceptable embarrassment.