NSW Caselaw
New South Wales Supreme Court
CITATION : Carson v Legal Services Commissioner and Anor. [2000] NSWSC 64 revised - 24/02/2000 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12553/97 25/5/98,26/5/98,27/5/98,28/5/98,29/5/98, HEARING DATE(S) : 1/6/98,2/7/98,3/6/98,4/6/98,5/6/98, 9/6/98,10/6/98,11/6/98,12/6/98, 16/6/98,17/6/98,18/6/98 JUDGMENT DATE : 23 February 2000
Nicholas Roderick CARSON - Claimant PARTIES : Legal Services Commissioner - First Opponent Legal Services Tribunal - Second Oponent JUDGMENT OF : Simpson J at 1
COUNSEL : Mr P Brereton SC - Claimant Mr W Haylen QC with Mr M Marien - Opponent SOLICITORS : Atanaskovic Hartnell - Claimant I V Knight, Crown Solicitor - Opponent LEGISLATION CITED : Legal Profession Act 1987 CASES CITED : See Appendix C DECISION : Orders deferred.
INDEX TO JUDGMENT
Paragraph No. 1. INTRODUCTORY 19 The Summons 23 The Evidence 24 The Background 55 Rajski's Complaint to the LSC 59 The Complaint and Information in the Tribunal 60 THE GROUNDS IN THE SUMMONS 1. The first decision (s.138(2)): Ground 1 of the Summons.
61 Facts
72 (a) Do the Rules of Procedural Fairness apply to a decision under s 138(2) of the Legal Profession Act?
91 (b) Was the obligation to observe the rules of procedural fairness adequately discharged?
96 (c) Reasonableness.
113 2. The second decision: s 155: Ground 2 of the Summons: Procedural Fairness
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