The respondent brought an application to strike out part of a discipline application commenced by the Legal Services Commissioner.
The respondent’s application was dismissed on the basis that the identified paragraphs formed part of the “matrix of facts” relevant to the characterisation of the respondent’s conduct. Further, Williams J concluded that the identified paragraphs could rationally affect the consideration of the relevant breaches as part of both the characterisation of the conduct and the consideration of penalty. The identified paragraphs were not frivolous, vexatious, misconceived, lacking in substance or otherwise an abuse of process.
Oliver Cook appeared for and was instructed by the Legal Services Commissioner (David Chesterman KC and Oliver Cook in respect of the further written submissions.
The judgment is published here.
