Council of the NSW Bar Association v Lott [2016] NSWCATOD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the NSW Bar Association v Lott [2016] NSWCATOD 159 Hearing dates: 28 November 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. The respondent's application to set aside summonses issued to XXX, YYY and ZZZ is dismissed. 2. Leave is granted to the parties to inspect documents produced by XXX, YYY and ZZZ is granted provided however the respondent may have first access to the documents produced. Catchwords: PROFESSIONS AND TRADES – Application to set aside Summons – application for leave to inspect documents produced - whether documents produced are apparently relevant to disciplinary proceedings – whether inspection should be permitted. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Legal Profession Act 2004 (NSW) Cases Cited: Attorney General (NSW) v Chidgey [2008] NSWCCA 65 Commissioner for Railways v Small (1938) 38 SR 564 Health Care Complaints Commission v Do [2014] NSWCA 307 ICAP Australia Pty Ltd v BGC Partners (Aust) Pty Ltd [2009] NSWCA 307 ICAP Pty Ltd v Moebes [2009] NSWSC 306 MPJELCare Pty Ltd v NSW Department of Industry (Vocational Training Review Panel) [2016] NSWCATAD 59 National Employers' Mutual General Association v Waind & Hill (1978) 1 NSWLR 372 National Employers Mutual General Association v Waind & Hill (1979) 141 CLR 648; [1979 ] HCA 11 Norris v Kandiah [2007] NSWSC 1296 NSW Commissioner of Police v Tuxford [2002] NSWCA 139 One.Tel Ltd (in Liq) - Singtel Optus Pty Ltd v Weston [2010] NSWSC 1491 Portal Softward v Bodsworth [2005] NSWSC 1115 Principal Registrar of the Supreme Court v Ali Tastan (1994) 74A Crim R 498 Category: Procedural and other rulings Parties: Council of the NSW Bar Association v Patrick Bernard Lott Representation: Counsel: A Williams (Applicant) P M Morris SC (Respondent) Solicitors: Hicksons Lawyers (Applicant) Moray & Agnew (Respondent) File Number(s): 1520263 Publication restriction: Publication of the reasons on NSW Caselaw is deferred until the earlier of (i) 11 January 2017 or (ii) Notification by the respondent's lawyers to the Tribunal and to the applicant's lawyers that the respondent does not intend to make any application pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW).