Coe v NSW Bar Association [2000] NSWCA 13

New South Wales Court of Appeal

CITATION : Coe v NSW Bar Association [2000] NSWCA 13 FILE NUMBER(S) : CA 40484/97 HEARING DATE(S) : 14 December 1999 JUDGMENT DATE : 29 February 2000

PARTIES : Appellant: Paul Thomas Coe Respondent: New South Wales Bar Association JUDGMENT OF : Mason P at 1; Priestley JA at 14; Meagher JA at 17

LOWER COURT JURISDICTION : Legal Services Tribunal LOWER COURT LST 3 of 1995 FILE NUMBER(S) : LOWER COURT Legal Services Tribunal JUDICIAL OFFICER :

COUNSEL : Appellant: C A Evatt, M K Rollinson Respondent: P R Garling SC, V M Heath SOLICITORS : Appellant: Kevin McMaster Rodgers - Brock Partners Respondent: Colin Biggers and Paisley CATCHWORDS : Professional misconduct of legal practitioner - finding outside scope of charge - intent LEGISLATION CITED : Supreme Court Act (NSW) 1970 New South Wales Bar Association v Hamman (1999)NSWCA404 CASES CITED: Lee v Lee's Air Farming Ltd [1961] AC 12 Southern Group Ltd v Smith (1997) 37 ATR 107 Re B [1981] 2 NSWLR 372 DECISION : Appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40484/97

MASON P PRIESTLEY JA MEAGHER JA

TUESDAY 29 FEBRUARY 2000 PAUL THOMAS COE v THE NEW SOUTH WALES BAR ASSOCIATION PROFESSIONAL MISCONDUCT OF LEGAL PRACTITIONER-FINDING OUTSIDE SCOPE OF CHARGE-INTENT

1 Facts: The appellant was found guilty of professional misconduct by the Legal Services Tribunal, for falsely swearing an affidavit with intent. The Tribunal ordered the appellant's name be removed from the role of Legal Practitioners. 2 On appeal the issue was whether the tribunal's finding went beyond the scope of the charge. The tribunal found the appellant had signed the false affidavit with intent to deceive. The charge stated that he had sworn a false affidavit. It made no reference to intent. 3 Leave to adduce further evidence as to the appellant's contrition and otherwise good character was sought.