SHAW MCNEIL SEDGWICK AND LAW SOCIETY OF NEW SOUTH WALES FINDINGS OF FACT [1993] NSWCA 244

SHAW MCNEIL SEDGWICK AND LAW SOCIETY OF NEW SOUTH WALES FINDINGS OF FACT

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Cripps JA 18 June 1993

[1993] NSWCA 244

Cripps JA. On the twenty first day February 1992 the Legal Profession Disciplinary Tribunal ordered that the name of Shaw McNeil Sedgwick be removed from the Roll of Solicitors of New South Wales. Mr Sedgwick appealed to the Court pursuant to s 164 of the Legal Profession Act 1987 which provides as follows:

(1) Any party to a hearing conducted by the Tribunal may appeal to the Supreme Court against the Tribunal's determination of complaint.

(2)...

GB)...

(4) An appeal shall be by way of a new hearing and fresh evidence, or evidence in addition to or in substitution for the evidence received at the original hearing, may be given.

Before the Tribunal The Law Society of New South Wales (the Society) alleged several instances ofprofessional misconduct by Mr Sedgwick. The Tribunal found some of the allegations made out and rejected others. Mr Sedgwick's appeal is directed to the order made by the Tribunal that his name be removed from the Roll. He does not challenge any findings of fact. However, the Society maintains that some, but not all, allegations rejected by the Tribunal should be held to have been proved and, in addition, makes fresh allegations of misconduct arising out of matters handled by Mr Sedgwick some of which are alleged to have occurred since the determination by the Tribunal (in February 1992) and some of which are alleged to have happened earlier but about which it had no previous knowledge. Mr Sedgwick denies the later allegations and, as Thave said, seeks to uphold the findings of the Tribunal made in his favour which are disputed by the Society.

On 4 May 1992, Priestley JA stayed the order of the Tribunal and appointed a receiver, Miss Sayer, upon a term that