Council of the New South Wales Bar Association v Chen

[2024] NSWSC 228

Supreme Court

New South Wales

Medium Neutral Citation:

Council of the New South Wales Bar Association v Chen [2024] NSWSC 228

Hearing dates:

5 March 2024

Date of orders:

5 March 2024

Decision date:

05 March 2024

Jurisdiction:

Common Law

Before:

Campbell J

Decision:

(1)     The interim restraining order made by Harrison CJ at CL on 4 December 2023 is extended until the completion of the final hearing, on the date to be fixed by me today.

(2)     The plaintiff is to serve notice upon the defendant of the date fixed for final hearing by any of the methods referred to or described in para 2 of the plaintiff's notice of motion filed on 14 December 2023.

(3)      Grant liberty to either party to apply by arrangement with either the duty judge or the duty Registrar on two days' notice.

(4)     Order that the costs reserved by the Chief Judge on 14 December 2023, the plaintiff's costs of complying with his Honour's orders and the costs of and incidental to today's hearing are the plaintiff's costs in the cause.

Catchwords:

OCCUPATIONS – legal practitioners – misconduct and discipline – complaint to professional body – practising without current practising certificate – injunction to restrain contraventions of Legal Profession Uniform Law

Legislation Cited:

Legal Profession Uniform Law 2014 (NSW), s 447

Category:

Procedural rulings

Parties:

Council of the New South Wales Bar Association (Plaintiff)
Yu-Sheng (Alton) Chen (Defendant)

Representation:

Counsel:
P G Griffin SC (Plaintiff)
No appearance (Defendant)

Solicitors:
Hicksons Lawyers (Plaintiff)

File Number(s):

2023/452953

JUDGMENT

1. By a summons filed on 14 December 2023 the Council of the New South Wales Bar Association (the “Council”) is seeking an injunction under s 447(2) and (3) of the Legal Profession Uniform Law 2014 (NSW) restraining the defendant, Yu-Sheng (Alton) Chen, from engaging in legal practice in New South Wales and holding himself out as being so entitled.

2. The matter came before the Chief Judge at Common Law, Justice Harrison, urgently on 14 December 2023 and for reasons then given, his Honour, inter alia, made an interim injunction operating until 4pm today.

3. The matter has come before me as duty judge on reference from the Common Law Case Management Registrar, and Mr Griffin SC appears, as before, for the Council.

4. Although the orders of the Chief Judge in relation to service have been complied with, and I am satisfied that the defendant has received proper notice of today's return date, Mr Chen has failed to appear before both the Registrar and me when the matter was called, or in response to the conventional call of his name outside the court by the court officer.

5. Mr Griffin has moved for an extension of the interim order to the date appointed for final hearing of the matter, together with other ancillary relief. There is nothing before me to suggest other than the continuation of the circumstances as they were in December when the matter was before the Chief Judge. One is concerned about the activities of the defendant because, as Mr Griffin has informed me, he has simply failed to engage with the Bar Association in any way since service of the summons and evidence relied upon in December. That concern is of course compounded by his non-appearance today.

6. I propose for these reasons to fix the matter for hearing and to extend the interim order until that date. As I explained to Mr Griffin, the most efficient way of obtaining a date for hearing is for me to seek the appointment of a date from the listing manager and I will make an order in that regard in chambers once the date has been confirmed, which my Associate will pass on to the plaintiff's legal representatives, and I will direct that the plaintiff give notice to the defendant of the hearing date.

7. For these reasons my orders are:

1. The interim restraining order made by Harrison CJ at CL on 4 December 2023 is extended until the completion of the final hearing, on the date to be fixed by me today.

2. The plaintiff is to serve notice upon the defendant of the date fixed for final hearing by any of the methods referred to or described in para 2 of the plaintiff's notice of motion filed on 14 December 2023.

3. Grant liberty to either party to apply by arrangement with either the duty judge or the duty Registrar on two days' notice.

4. Order that the costs reserved by the Chief Judge on 14 December 2023, the plaintiff's costs of complying with his Honour's orders and the costs of and incidental to today's hearing are the plaintiff's costs in the cause.

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Decision last updated: 08 March 2024