Abdul-Karim v New South Wales Bar Association (LSD)

[2004] NSWADTAP 5

Appeal Panel - Internal

CITATION:	Abdul-Karim v New South Wales Bar Association (LSD) [2004] NSWADTAP 5
PARTIES:	APPELLANT Michael Saadey Abdul-Karim RESPONDENT The Council of the New South Wales Bar Association
FILE NUMBER:	039051
HEARING DATES:	26/11/2003
SUBMISSIONS CLOSED:	11/26/2003
DATE OF DECISION:	02/17/2004
DECISION UNDER APPEAL:	New South Wales Bar Association v Abdul-Karim [2003] NSWADT 60, New South Wales Bar Association v Abdul-Karim (No 2) [2003] NSWADT 144
BEFORE:	Nader J QC - ADCJ (Deputy President); Macfarlan R QC - Judicial Member; Bubniuk L - Member
CATCHWORDS:	leave to withdraw appeal
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	012029
DATE OF DECISION UNDER APPEAL:	06/17/2003
LEGISLATION CITED:
CASES CITED:
REPRESENTATION:	APPELLANT R Wilson, barrister RESPONDENT P Mahony, barrister
ORDERS:	1. That the Appellant be granted leave to withdraw his Notice of Appeal.; 2. The Appellant pay the Respondent’s costs of the appeal.

1 By his Notice of Appeal dated 10 July 2003 and filed on 11 July 2003, the Appellant sought the setting aside of findings of the Tribunal contained in its decision of 27 March 2003 and, on the question of penalty, of 17 June 2003.

2 On 26 November 2003, the Appellant sought leave to withdraw his appeal. This was opposed by the Respondent upon the basis that the withdrawal would deprive the Respondent of the opportunity to seek the substituted orders set out in its Reply filed on 15 August 2003.

3 By adopting the course of seeking substituted orders in its Reply, the Respondent assumed the risk that the opportunity to seek those substituted orders might be lost if the appeal were not pursued. It was open to the Respondent to take the alternative course of lodging an appeal itself.

4 In the circumstances, we do not see any reason why leave should not be given to the Appellant to withdraw his appeal, on the basis that he pay the costs thus far incurred by the Respondent in respect of the appeal.