Wang v Council of the Law Society of New South Wales [2009] NSWSC 67

Reported Decision : 73 NSWLR 226

New South Wales Supreme Court

CITATION : Wang v Council of the Law Society of New South Wales [2009] NSWSC 67

HEARING DATE(S) : 2 February 2009, 3 February 2009

JUDGMENT DATE : 20 February 2009

JUDGMENT OF : Schmidt AJ

1. The appeal be upheld. DECISION : 2. The Law Society pay Mr Wang $130,000 plus interest from the Fidelity Fund. 3. The Law Society pay Mr Wang's costs of the proceedings.

CATCHWORDS : ADMINISTRATIVE LAW - appeal - claim against Fidelity Fund - the role of the Law Society in appeal proceedings - Hardiman principle - Law Society's proper role that of active contradictor - whether provisions of the Legal Profession Act 2004 applied to appeal - merits of appeal - criminal enterprises - money received in course of solicitor's practice - trust money - default by solicitor - whether plaintiff ought to have known of illegality - appeal upheld - costs

Administrative Decisions (Judicial Review) Act 1977 (Cth) Criminal Injuries Compensation Act 1972 (Vic) LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Act 2004 Migration Act 1958 (Cth)

CATEGORY : Principal judgment

R v The Australian Broadcasting Tribunal and Ors; ex parte Hardiman and Ors (1980) 144 CLR 13 Community Television Sydney Limited v Australian Broadcasting Authority and Anor (No 2) (2004) 136 FCR 338 Law Society of New South Wales v Glenorcy Pty Ltd and Ors (2006) 67 NSWLR 169 CASES CITED : Laurent v the Law Society of New South Wales [2000] NSWSC 1103 Laurent v Law Society of New South Wales [2002] NSWSC 655 TXU Electricity Ltd v Office of the Regulator-General (2001) 3 VR 93 Swart v Carr [2006] NSWSC 1302