Legal Services Commissioner v Nikolaidis (No 3) [2005] NSWADT 200

Set aside by Appeal : Set aside in part by Appeal on 8 June 2007: Leon Nikolaidis v Legal Services Commissioner [2007] NSWCA 130

CITATION: Legal Services Commissioner v Nikolaidis (No 3) [2005] NSWADT 200 DIVISION: Legal Services Division APPLICANT PARTIES: The Legal Services Commissioner RESPONDENT Leon Nikolaidis FILE NUMBER: 032022 HEARING DATES: 12/07/2004-13/07/2004, 28/07/2004, 21/01/2005, 28/02/2005 & 1/04/2005 SUBMISSIONS CLOSED: 04/01/2005 DATE OF DECISION: 08/25/2005

BEFORE: Brennan JWF - Judicial Member; Bishop C - Judicial Member; O'Neill A - Non Judicial Member APPLICATION: Professional Misconduct - fail to comply with cost assessor under s. 207 - Professional Misconduct - overcharge MATTER FOR DECISION: Penalty Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : District Court Act 1973 Legal Practitioners Act 1898 Legal Profession Act 1987 Alexander v Cambridge Credit Corporation (Receivers Appointed) [1985] 2NSWLR 685 Barwick v Law Society of NSW [2000] HCA2 Hutchings Electrical Pty Limited v Director General Department of Fair Trading (No. 2) [2002] NSWADT 755 Knaggs v Solicitors Statutory Committee (No. 2) 27 NSWLR 603 Legal Practitioners Conduct Board v Hannaford [2002] 83 SA SR 277 Law Society of New South Wales v Berry [2005] NSWADT 46 Law Society of NSW v Bannister [1990] NSWLST7 Law Society of NSW v Bannister [1993] NSWLST 6 Law Society of NSW v Ciampa [1999] NSW ADT 13 Murray v Legal Services Commissioner [1999] NSWCA70 Nikolaidis v Legal Services Commissioner [2005] NSWCA 91 NSW Bar Association v Amor-Smith [2003] NSWADT237 CASES CITED: NSW Bar Association v Cummins [2001] 52NSWLR 279 NSW Bar Association v Evatt [1968] 117 CLR 177 NSW Bar Association v Stevens [2003] NSWCA 95 Palmer v Clarke [1989] 19NSWLR 158 The Legal Services Commissioner v Nikolaidis [2004] NSWADT 195 The Legal Services Commissioner v Nikolaidis (No.2) [2004] NSWADT 248 Re City Equitable Fire Insurance Co. Limited [1925] 1CL407 RE Hodgekiss [1962] NSWLR340 Re Leon Nikolaidis [1998] NSWLST5 Re Timothy Rybeck [1997] NSWLST 6 Re Veron ex parte The Law Society of NSW [1966] 84WN NSW (Part 1) 136 Sinha v The Health Care Complaints Commission [2001] NSW CA 48 Bannister v Walton SC NSW CA unreported 30 April 1992 Veghelyi v The Law Society of NSW unreported 6 October 1995 APPLICANT M Hadley, barrister REPRESENTATION: RESPONDENT J Chippindall, barrister (Days 1-5) G C Lindsay SC with J Chippindall, barrister (Day 6) ORDERS: 1. On the first count on which the practitioner was found guilty of professional misconduct on 1 November 2004:; (a) that the practitioner be publicly reprimanded; (b) that the practitioner pay a fine of $5,000 on or before 1 November 2005 provided however that in the event that the fine is not paid on or before 1 November 2005 then the practising certificate of the Practitioner shall be cancelled until such time as the fine has been paid in full; and; (c) that the practitioner pay the costs of the Legal Services Commissioner of and incidental to the first count including all reserved costs of the Commissioner, such costs to be as agreed or assessed pursuant to Division 6 Part II of the Legal Profession Act 1987 within two (2) months of the date of such agreement or assessment; 2. On the second count on which the practitioner was found guilty of professional misconduct on 1 November 2004; (a) that the practitioner be publicly reprimanded; (b) that the practitioner pay a fine of $12,000 on or before 1 November 2005 provided however that in the event that the fine is not paid on or before 1 November 2005 then the practising certificate of the Practitioner shall be cancelled until such time as the fine has been paid in full; and; (c) that the practitioner pay the costs of the Legal Services Commissioner of and incidental to the second count including all reserved costs of the Commissioner, such costs to be as agreed or assessed pursuant to Division 6 Part II of the Legal Profession Act 1987 within two (2) months of the date of such agreement or assessment