Scroope v Legal Services Commissioner [2013] NSWCA 178

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Scroope v Legal Services Commissioner [2013] NSWCA 178 Hearing dates: 19 April 2013 Decision date: 17 June 2013 Before: Bathurst CJ at [1]; Beazley P at [2]; Hoeben JA at [55] Decision: 1. Appeal allowed; 2. Set aside orders (1) and (3) made by the Tribunal; 3. Order that the conduct of the legal practitioner, Philip Scroope, in the preparation of the narrative bill of costs resulting in the charging of Ms Meng of grossly excessive costs, constitutes unsatisfactory professional conduct within the meaning of the Legal Profession Act 2004; 4. The practitioner, Philip Scroope, is fined the sum of $2,000. That sum is to be paid within 28 days of the date of this decision; 5. Order that the respondent pay the appellant's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROFESSIONS AND TRADES - lawyers - complaints and discipline - Legal Profession Act 2004, ss 496 and 497 - whether role in the preparation of a bill that overcharged a client constituted unsatisfactory professional conduct or professional misconduct Legislation Cited: Legal Profession Act 2004 Supreme Court Act 1970 Cases Cited: D'Alessandro v Legal Practitioners Complaint Committee (1995) 15 WAR 198 De Pardo v Legal Practitioners Complaints Committee & Anor [2000] FCA 335; 170 ALR 709 Kennedy v Council of Incorporated Law Institute of New South Wales (1939) 13 ALJ 563 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 Re R (A Practitioner of the Supreme Court) [1927] SASR 58 The Law Society of the Australian Capital Territory v Lardner [1998] ACTSC 24 Veghelyi v The Law Society of New South Wales [1995] NSWCA 483 Category: Principal judgment Parties: Philip Scroope (Appellant) Legal Services Commissioner (Respondent) Representation: Counsel: T Lynch (Appellant) C Webster SC; P Maddigan (Respondent) Solicitors: T A Williams (Appellant) Office of the Legal Services Commissioner (Respondent) File Number(s): CA 2012/190511 Decision under appeal Citation: Legal Services Commissioner v Scroope [2012] NSWADT 107 Date of Decision: 2012-06-04 00:00:00 Before: Haylen J, Deputy President; N Isenburg, Judicial Member; C Bennett, Non-Judicial Member File Number(s): 092010