HUNT v LAW SOCIETY OF NEW SOUTH WALES [1993] NSWCA 141

HUNT v LAW SOCIETY OF NEW SOUTH WALES SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 13 December 1993, 13 December 1993 [1993] NSWCA 141

LEGAL PRACTITIONERS — misconduct — removal of name of solicitor from roll — appeal — non compliance with Registrar's directions — lapse of more than one year in prosecution of appeal — difficulties of service on solicitor — orders for substituted service made by Handley JA — proof of compliance with orders — non appearance of solicitor — held: (Apart from the proof of notice of the intended application, the solicitor had failed to prosecute his appeal and it should be dismissed for want of prosecution).

ORDERS 1. Appeal dismissed for want of prosecution; and 2. Appellant (opponent) to pay the respondent's (claimant's) costs.

Kirby P Mr Ian Lewis Hunt was admitted as a solicitor of this Court on 22 July1977. He was subject to proceedings before the Legal Profession Disciplinary Tribunal. Those proceedings commenced on 20 August 1991 and concluded with the decision of the Tribunal on 5 December 1991. Put shortly, the Tribunal found that Mr Hunt had been found guilty of professional misconduct. The Tribunal ordered that his name be removed from the roll of solicitors. His name was so removed.

On 2 October 1991, Mr Hunt appealed to this Court, as was his right. On 14 November 1991, a supplementary notice of appeal was filed by him. On 22 November 1991, an amended notice of appeal was filed. On the last mentioned date, the Registrar directed that an appeal index be filed within fourteen days. He also directed that the solicitors' certificate of examination of the transcript be filed and served by 31 December 1991 and that the appeal books be filed and served by 14 November 1992.

On 3 December 1991, the draft index was duly served, ie within time. The other steps were not, however, taken. On 6 February 1992, Mr Hunt's solicitor filed and served a notice that they were ceasing to act for him. On 2 March, 7 May, 23 June and 10 August 1992, the Law Society forwarded reminders to Mr Hunt requesting that he comply with the remaining directions of the Registrar which remained unattended. On 26 October 1992, Mr Hunt wrote to the Registrar offering various explanations for his delay. The Registrar, on 24 November 1992, wrote to Mr Hunt noting the defaults and directing that the appeal books be filed by a new date, 29 January 1993. No such appeal books have been filed, whether by the day fixed or at all.