Law Society of New South Wales v Michael Thomas Seymour [2004] NSWSC 493

New South Wales Supreme Court

CITATION : Law Society of New South Wales v Michael Thomas Seymour [2004] NSWSC 493 HEARING DATE(S) : 31/05/04, 01/06/04, 02/06/04, 03/06/04 JUDGMENT DATE : 3 June 2004

JUDGMENT OF : Buddin J DECISION : 1 Make an order in accordance with paragraph 1 of the applicant's Notice of Motion.; 2 Sentence the offender to a term of imprisonment of nine months.; 3 Suspend the execution of the whole of that sentence.; 4 Direct that the offender be released from custody immediately upon condition that he enters into a good behaviour bond for a period of nine months.; 5 Make an order for costs in accordance with paragraph 4 of the applicant's Notice of Motion.; 6 Following agreement on or assessment of those costs, the offender has liberty to apply, on seven days' notice, to the Registrar at Common Law in the event that the costs order causes him financial hardship.

CATCHWORDS : Contempt of court - offender's name removed from roll of solicitors - breach of order restraining offender from acting as a solicitor - acted for a purchaser in real property conveyance - plea of guilty. Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Legal Profession Act 1987 Migration Act 1958 AG for NSW v Whiley (1993) NSWLR 314 Cameron v The Queen (2002) 187 ALR 65 Pelechowski v Registrar of the Court of Appeal (1999) 198 CLR 435 CASES CITED : Principal Registrar of the Supreme Court of New South Wales v Jondo [2001] NSWSC 969 Registrar of the Court of Appeal v Manian [No2] (1992) 26 NSWLR 309 Re Sanderson; ex parte Law Institute of Victoria [1927] VLR 394 R v Thomson (2000) 49 NSWLR 383 PARTIES : Law Society of New South Wales (Applicant) Michael Thomas Seymour (Offender) FILE NUMBER(S) : SC 11510/94 COUNSEL : NJ Beaumont (Applicant) P Lowe (Offender) SOLICITORS : Raymond John Collins (Applicant) Pigott Stinson Ratner Thom (Offender)