Doughty v The Law Society of New South Wales [2015] NSWSC 174

Supreme Court New South Wales

Medium Neutral Citation: Doughty v The Law Society of New South Wales [2015] NSWSC 174 Hearing dates: 25 February 2015 Date of orders: 10 March 2015 Decision date: 10 March 2015 Jurisdiction: Common Law Before: Schmidt J Decision: No order made as to costs. Catchwords: COSTS – practicing certificate renewal – matter settled other than as to costs – conduct of parties – whether parties acted unreasonably - no order made as to costs Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Costs Parties: Ralph Doughty (Plaintiff) The Law Society of New South Wales (Defendant) Representation: Counsel: Mr P Wallis (Plaintiff) Ms C Webster SC (Defendant)

Solicitors: Pikes & Verekeres Lawyers (Plaintiff) Law Society of New South Wales (Defendant) File Number(s): 2014/201295 Publication restriction: None

Judgment 1. In June 2014, the Council of the Law Society suspended Dr Ralph Doughty's then current practicing certificate and refused to issue him a certificate for the year ending 30 June 2015. He brought these proceedings to challenge those decisions in July 2014. On 11 July 2014, consent orders were made staying the Council's decisions, on Dr Doughty's undertaking that he would attend a medical appointment with the psychiatrist, Dr Robert Fisher. 2. Dr Fisher found that that there was no basis for withholding a practicing certificate from Dr Doughty. After his report of 11 August was received, the Law Society issued Dr Doughty a practicing certificate on 19 August and an agreement was reached which resolved the proceedings, as it finally transpired, other than as to costs.