Russo v Legal Services Commissioner [2016] NSWCA 95

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Russo v Legal Services Commissioner [2016] NSWCA 95 Hearing dates: 2 May 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Before: Barrett AJA Decision: 1. Upon the appellant Salvatore Russo by his counsel giving to the Court the usual undertaking as to damages (1) Pending further order of the Court, if Order 2 of the orders of the New South Wales Civil and Administrative Tribunal made on 12 April 2016 in the proceedings before it number 1420356 has not been executed, that order be stayed. (2) Pending further order and upon the appellant by his counsel giving the further undertaking set out in the Schedule hereto, if the said Order 2 has been executed, the appellant's name is to be forthwith reinstated to the Supreme Court Roll of legal practitioners. (3) Costs reserved. Schedule The appellant undertakes that upon being requested by the Court to do so, he will forthwith surrender any practising certificate then held by him and request the Prothonotary to remove his name from the Supreme Court Roll. 2. Direct that the appeal be expedited and that it be placed in the Registrar's list on 9 May 2016 for directions. Catchwords: LEGAL PRACTITIONERS – where Civil and Administrative Appeal Tribunal ordered removal of practitioner's name from the roll – appeal by practitioner – application for stay of Tribunal's order if not executed or, if executed, restoration of name pending determination of appeal – whether single Judge of Appeal can make such order – whether arguable grounds of appeal shown – whether balance of convenience favours making of order – whether as a matter of discretion order should be made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW). Supreme Court Act 1970 (NSW) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; (2010) 78 NSWLR 302 New South Wales Bar Association v Stevens [2003] NSWCA 95; (2003) 52 ATR 602 Raphael v The Law Society of New South Wales [1991] NSWCA 234 Category: Procedural and other rulings Parties: Salvatore Russo (Appellant) Legal Services Commissioner (Respondent) Representation: Counsel: Mr T Lynch SC (Appellant) Ms C Webster SC (Respondent)