Smyrnis v Legal Practitioners Admission Board & 1 Ors [2003] NSWCA 64

New South Wales Court of Appeal

CITATION : Smyrnis v Legal Practitioners Admission Board & 1 Ors [2003] NSWCA 64 HEARING DATE(S) : 02/04/2003 JUDGMENT DATE : 2 April 2003

JUDGMENT OF : Mason P at 1; Handley JA at 2; Santow JA at 3 DECISION : (1) A declaration that the Claimant has been guilty of professional misconduct; (2) A declaration that the Claimant is not a fit and proper person to be on the role of Legal Practitioners; (3) The name of the Claimant be struck off the Roll of Legal Practitioners; (4) The Claimant pay the costs of the First Respondent as a submitting opponent in such amount as is agreed, or failing agreement as assessed; (5) The Claimant pay the costs of the Second Respondent, hereby assessed at $6,000.

CATCHWORDS : DISCIPLINARY PROCEEDINGS - proceedings relating to professional misconduct and to have the name of a solicitor removed from the Roll of Legal Practitioners -certificate under s128 Evidence Act should be granted - COSTS - where proceedings were commenced in incorrect division of the Court - where a proper party to proceedings not initially joined to the proceedings - whether that party is entitled to reasonable costs Andreas SMYRNIS (Appellant) PARTIES : Legal Practitioners Admission Board (First Respondent) Law Society of New South Wales (Second Respondent) FILE NUMBER(S) : CA 41235/02 G Ellis (Appellant) COUNSEL : N Beaumont (Second Respondent) Submitting Appearance (First Respondent) SOLICITORS : Schrader & Associates (Appellant) Raymond John Collins (Second Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41235/02 SC 12967/02