Prothonotary of the Supreme Court of New South Wales v Sharp [2006] NSWCA 27

New South Wales Court of Appeal

CITATION: Prothonotary of the Supreme Court of New South Wales v Sharp [2006] NSWCA 27

HEARING DATE(S): 23 February 2006

JUDGMENT DATE: 28 February 2006

JUDGMENT OF: Mason P; Santow JA; Tobias JA

DECISION: 1. DECLARE that the Opponent has been guilty of professional misconduct in that he engaged in conduct between 8 December 1995 and 28 November 1996, for which he pleaded guilty in the District Court of New South Wales of thirty-nine indictable offences, on 5 April 2004, namely; (i) Sixteen counts of offences of knowingly and dishonestly with intent to gain advantage made improper use of position as a company officer, contrary to ss232(6) and 1317FA of the Corporations Law, being offences under the Corporations Act 2001 (Cth) by virtue of s1401 of the Corporations Act 2001 (Cth) and; (ii) Twenty-three counts of offences of make false or misleading statement with intent to obtain a valuable thing, contrary to s178BB of the Crimes Act 1900 (NSW); 2. DECLARE that the Opponent is not a person of good fame and character; 3. DECLARE that the Opponent is not a fit and proper person to remain on The Local Roll of lawyers of the Supreme Court of New South Wales; 4. ORDER that the name of the Opponent be removed from The Local Roll of lawyers of the Supreme Court of New South Wales

CATCHWORDS: LEGAL PRACTITIONERS - solicitors - application to have legal practitioner struck off Local Roll - offences of dishonesty under the Corporations Law and Crimes Act 1900 (NSW) - whether professional misconduct - findings of professional misconduct - declarations and removal from Local Roll

Crimes Act 1900 (NSW) s 178BB LEGISLATION CITED: Corporations Act 2001 (Cth) s 1401 Corporations Law s 232(6), s 1317FA