Weston v Law Society of New South Wales [2013] NSWSC 94

Supreme Court New South Wales

Medium Neutral Citation: Weston v Law Society of New South Wales [2013] NSWSC 94 Hearing dates: 18 February 2013 Decision date: 27 February 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) The Statement of Claim filed 6 December 2012 is to be re-numbered 2012/379719. (2) The Statement of Claim is struck out. (3) The Proceedings commenced by Summons filed 6 December 2012 are dismissed. (4) The Plaintiff is to pay the Defendant's costs. Catchwords: LEGAL PRACTITIONERS - practising certificates - show cause events - suspension of practising certificate - refusal to grant a new practising certificate - rights of review - whether appeal to Supreme Court available - claim for damages against Law Society - whether cause of action pleaded. Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Uniform Civil Procedure Rules Cases Cited: Commonwealth of Australia v Griffiths [2007] NSWCA 370; (2007) 70 NSWLR 268 Constantinidis v Kehagiadis [2011] NSWSC 974 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135 McGurk v University of New South Wales [2009] NSWSC 1424 Nominal Defendant v Manning (2000) 50 NSWLR 139 Udowenko and Ors v Chief Executive Officer and Board of Directors of St George Bank - A Division of Westpac Banking Corporation and Ors [2011] NSWSC 867 Category: Principal judgment Parties: David Harold Weston (Plaintiff) Law Society of New South Wales (Defendant) Representation: Counsel: In person (Plaintiff) C Webster SC (Defendant) Solicitors: In person (Plaintiff) Law Society of New South Wales (Defendant) File Number(s): 2012/379719