Jackson (previously known as Subramaniam) v Legal Practitioners Admission Board [2006] NSWSC 1338

New South Wales Supreme Court

CITATION : Jackson (previously known as Subramaniam) v Legal Practitioners Admission Board [2006] NSWSC 1338

HEARING DATE(S) : 24 October 2006, 25 October 2006, 26 October 2006, 8 November 2006

JUDGMENT DATE : 5 December 2006

JUDGMENT OF : Johnson J at 1

DECISION : Amended Summons dismissed.

CATCHWORDS : LEGAL PRACTITIONERS - appeal to Supreme Court from refusal by Legal Practitioners Admission Board to declare Plaintiff to be of good fame and character and otherwise suitable for admission as a legal practitioner - appeal by way of de novo hearing - role of Board on hearing of appeal - earlier criminal proceedings against Plaintiff for two alleged offences of perverting the course of justice contrary to s.319 Crimes Act 1900 - Plaintiff acquitted on one count and (following appeal) Crown determines not to proceed further on second count - approach to resolution of disputed factual issues on appeal - onus and standard of proof - whether Plaintiff made false statutory declaration and gave false evidence in 1996 wrongly claiming that she was driver of motor vehicle at time of red-light traffic offence - meaning of "good fame and character" - duty of candour on application for admission - finding on appeal that Plaintiff gave glaringly improbable evidence - held Plaintiff not of good fame and character and otherwise suitable for admission as legal practitioner

Legal Profession Act 1987 Legal Profession Act 2004 Evidence Act 1995 Crimes Act 1900 LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990 Crimes (Sentencing Procedure) Act 1999 Listening Devices Act 1984 Justices Act 1902 Criminal Appeal Act 1912