Council of the Law Society of New South Wales v Kim [2017] NSWCA 292

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Kim [2017] NSWCA 292 Hearing dates: 15 November 2017 Date of orders: 15 November 2017 Decision date: 15 November 2017 Before: McColl JA at [1] White JA at [1] Barrett AJA at [1] Decision: 1. Declare that Jinhi Kim is guilty of professional misconduct. 2. Declare that Jinhi Kim is not a person of good fame and character. 3. Declare that Jinhi Kim is not a fit and proper person to remain on the Roll of Australian lawyers maintained by the Supreme Court under s22 of the Legal Profession Uniform Law (NSW). 4. Order that the name Jinhi Kim be removed from that Roll. 5. Order that Jinhi Kim pay the Law Society of New South Wales' costs of the proceedings. Catchwords: LEGAL PROFESSION – application to remove a solicitor from roll of Australian lawyers – solicitor engaged in dishonest and unlawful conduct – court's inherent jurisdiction – necessity to consider and evaluate totality of conduct – whether solicitor guilty of professional misconduct – whether solicitor not a person of good fame and character – whether solicitor not a fit and proper person to remain on the Roll of Australian lawyers Legislation Cited: Crimes Act 1900 (NSW) Legal Practitioners and Oaths (Amendment) Act 1970 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Oaths Act 1900 (NSW) Cases Cited: A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253; [2004] HCA 1 Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 Council of the Law Society of New South Wales v Kim [2012] NSWADT 45 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) 71 NSWLR 451; [2008] NSWCA 135 Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 McBride v Walton [1994] NSWCA 199 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 Prothonotary v Gregory [2017] NSWCA 101 Category: Principal judgment Parties: Council of the Law Society of New South Wales – applicant Jinhi Kim - respondent Representation: Counsel: Ms C Webster SC with Mr H El-Hage – for the applicant Mr M Pesman SC – for the respondent