Legal Services Commissioner -v- di Suvero [1999] NSWADT 138

CITATION: Legal Services Commissioner -v- di Suvero [1999] NSWADT 138

DIVISION: Legal Services

APPLICANT: Legal Services Commissioner

RESPONDENT: Henry Millo di Suvero

FILE NUMBER: 9810

HEARING DATES: 04/16/1999

SUBMISSIONS CLOSED: 04/16/1999

DATE OF DECISION: 17 December 1999

C A Needham - Deputy President BEFORE: S Norton - Judicial Member M Costigan - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Professional misconduct - barrister; Unsatisfactory professional conduct - barrister -

MATTER FOR DECISION: Application by respondent for costs

Applicant: D Robertson of counsel instructed by Legal Services Commissioner REPRESENTATION: Respondent: F McAlary QC instructed by Moray & Agnew

1. Payment be made from the Statutory Interest Account to the Applicant of an amount by way of costs; 2. The amount be assessed on the basis of party/party costs in accordance with the Legal Profession Act; ORDERS: 3. The parties be directed to confer with a view to reaching agreement on the quantum of costs assessed on that basis; 4.There be liberty to restore the matter to the Tribunal for the purpose of making an order for payment of the agreed amount of costs or, failing agreement, to hear argument on the quantum of costs to be awarded; 5 . In the event that there is no agreement, the parties be directed to file and serve any evidence relied on and any written submissions 3 days prior to the date the matter is relisted.