Council of the NSW Bar Association v Costigan [2013] NSWSC 339

Supreme Court New South Wales

Medium Neutral Citation: Council of the NSW Bar Association v Costigan [2013] NSWSC 339 Hearing dates: 28/03/2013 Decision date: 17 April 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that pursuant to s.720 of the Legal Profession Act 2004, John Bernard Costigan be, and hereby is, restrained from engaging in legal practice in contravention of s 14 of the Legal Profession Act 2004. (2) Order that Mr Costigan pay the plaintiff's costs of and incidental to these proceedings. (3) Order pursuant to s.7 of the Court Suppression and Non Publication Orders Act 2010 that the witness deposing to events in the Local Court at Waverley on 26 July 2012 and 30 August 2012 in an affidavit sworn 8 November 2012 be known only as 'MH'. (4) Order pursuant to s 7 of the Court Suppression and Non Publication Orders Act 2010 that any publication or any manner of disclosure of any evidence relied upon in these proceedings tending to identify MH or his former wife be, and hereby is, prohibited. (5) Order that the affidavit of MH sworn 8 November 2012 be treated as confidential, placed in a sealed envelope, only to be opened on the order of a judge of the Court. Catchwords: LEGAL PRACTITIONER - wilfully engaging in prohibited conduct-real prospect of continued engagement in conduct requiring a practising certificate - need for the protection of the public - no issue of general principle Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Legal Profession Act 2004 Cases Cited: Council of the NSW Bar Association v Perry [2007] NSWCA 111; Mee Ling v The Law Society of NSW [1974] 1 NSWLR 490 Category: Principal judgment Parties: Council of the NSW Bar Association (P) John Bernard Costigan (D) Representation: Counsel: C A Webster SC (P) No appearance (D) Solicitors: Hicksons Lawyers (P) No appearance (D) File Number(s): 2012/348826 Publication restriction: Pursuant to s 7 of the Court Suppression and Non Publication Orders Act 2010 any publication or any manner of disclosure of any evidence relied upon in these proceedings tending to identify MH or his former wife is prohibited.