Prothonotary of the Supreme Court of New South Wales v Hendrick Jan van Es [2014] NSWCA 169

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Hendrick Jan van Es [2014] NSWCA 169 Hearing dates: 22 May 2014 Decision date: 05 June 2014 Before: Macfarlan JA; Leeming JA; Sackville AJA Decision: The Court declares that: 1. Mr Hendrick Jan van Es is not a person of good fame and character. 2. Mr Hendrick Jan van Es is not a fit and proper person to remain on the Local Roll of Lawyers of the Supreme Court of New South Wales. The Court orders that: 1. The name of Mr Hendrick Jan van Es be removed from the Local Roll of Lawyers of the Supreme Court of New South Wales. 2. Mr Hendrick Jan van Es pay the applicant's costs of $11,000.00 in full satisfaction of the applicant's costs and disbursements. [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: LEGAL PRACTITIONERS - removal from Roll of Local Lawyers - whether fit and proper person to remain on the Roll - whether person of good fame and character - attempt to cheat in Ethics examination - dishonest explanation to Bar Association - breaches of obligations of candour to Bar Association - nature and quality of conduct established present unfitness to practise Legislation Cited: Supreme Court Act 1970 (NSW), s 48 Supreme Court Rules 1970 (NSW), Pt 65A Cases Cited: A Solicitor v Council of the NSW Law Society [2004] HCA 1; 216 CLR 253 Bridges v Law Society (NSW) [1983] 2 NSWLR 361 Council of the New South Wales Bar Association v Einfeld [2009] NSWCA 255; 258 ALR 768 Council of the New South Wales Bar Association v Power [2008] NSWCA 135; 71 NSWLR 451 HealthCare Complaints Commission v Wingate [2007] NSWCA 326; 70 NSWLR 323 Prothonotary of the Supreme Court of New South Wales v Da Rocha [2013] NSWCA 151 Prothonotary of the Supreme Court of New South Wales v Livanes [2012] NSWCA 325 Prothonotary of the Supreme Court of New South Wales v Leon Nikolaidis [2010] NSWCA 73 Re Davis (1947) 75 CLR 409 Smith v New South Wales Bar Association (1992) 176 CLR 256 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales (Claimant) Hendrick Jan van Es (Opponent) Representation: Counsel: V Hartstein (Applicant) B Walker SC (Respondent) Solicitors: Crown Solicitor's Office (Applicant) Dianne Burn Lawyers (Respondent) File Number(s): 2013/194440