NSW Caselaw
New South Wales Court of Appeal
CITATION : The Prothonotary v Del Castillo [2001] NSWCA 75 FILE NUMBER(S) : CA 40829/99 HEARING DATE(S) : 8-9 March 2001 JUDGMENT DATE : 6 April 2001
PARTIES : The Prothonotary of the Supreme Court of New South Wales (Claimant) Frank Del Castillo (Opponent) JUDGMENT OF : Mason P at 1; Priestley JA at 2; Heydon JA at 7
COUNSEL : P E Blacket SC/H A Kiel (Claimant) T A Game SC/K T Nomchong (Opponent) SOLICITORS : Crown Solicitor's Office (Claimant) Gary Robb & Associates (Opponent) CATCHWORDS : Legal Practitioners - Professional Misconduct - Whether conduct justifies finding that practitioner is not of good fame and character - Whether conduct justifies finding that practitioner is not a fit and proper person to remain on roll of legal practitioners - Where conduct not in connection with legal practice - Where conduct occurred prior to admission - Where conduct arose out of events surrounding death of friend and subsequent prosecution and trial for murder - Where opponent was acquitted at trial for murder - Legal Profession Act 1987 (NSW), s 127(1)(b) D LEGISLATION CITED : Evidence Act 1995 Legal Profession Act 1987 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 CASES CITED: Law Society of New South Wales v Weaver [1977] 1 NSWLR 67 Ex parte Tziniolos; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 DECISION : Amended Summons dismissed; Claimant to pay Opponent's costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40829/99
MASON P PRIESTLEY JA HEYDON JA
6 April 2001
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