Roulstone v New South Wales Bar Association (No 2) [2015] NSWSC 1869

Supreme Court New South Wales

Medium Neutral Citation: Roulstone v New South Wales Bar Association (No 2) [2015] NSWSC 1869 Hearing dates: 2 December 2015 Decision date: 02 December 2015 Before: Hall J Decision: (1) The time for the appeal by the plaintiff pursuant to section 108 of the Legal Profession Act 2004 is extended to the date of the filing of the summons filed in these proceedings, namely 9 December 2014. (2) Appeal allowed. (3) A declaration that the deemed refusal of the plaintiff's application to the Bar Association of New South Wales for a practicing certificate made on 24 June 2014 for the period 1 July 2014 to 30 June 2015 be set aside. (4) The plaintiff is released from his undertakings given on 23 January 2015 and 16 June 2015. (5) The Court's Order 3 made on 16 June 2015 relating to a condition attaching to the issue of a practising certificate for the year commencing 1 July 2015 is vacated. (6) Each party is to pay his and its own costs of the proceedings. (7) The Summons is otherwise dismissed. Catchwords: COSTS – application for costs by plaintiff who was successful in appealing Bar Association's deemed refusal under s 48(13) of the plaintiff's application for a barrister's practising certificate – Bar Association in principal proceedings had failed to establish serious allegations against plaintiff to the requisite standard – Bar Association had not proved that the plaintiff was not a fit and proper person to hold a practising certificate – Bar Association was a proper contradictor – public interest question involved in the proceedings – Bar Association was required to assume the burden of gathering evidence which was not volunteered by the plaintiff – appropriate order in those circumstances is that each party should pay own costs Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 2004 Cases Cited: Oshlack v Richmond River Council (1998) 193 CLR 72 South West Forest Defence Foundation Inc v the Executive Director of the Department of Conversation Land Management (No 2) [1998] HCA 35 Barakat v Law Society of New South Wales [2014] NSWSC 773 Wentworth v New South Wales Bar Association, 29 June 1993 (unreported) Category: Costs Parties: Scott John Roulstone (Plaintiff) New South Wales Bar Association (Defendant) Representation: Counsel: B Coles QC; T Vernier (Plaintiff) A M Stewart SC; Y Shariff (Defendant)