THE LEGAL PRACTICE BOARD -v- SAID [2002] WASC 35

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WASC 35
Case No:	CIV:1733/1999	Heard:	28 MARCH & 17-18 APRIL 2001
Coram:	PARKER J	Delivered:	8/03/02
No of pages:	30	Judgment Part:	1 of 1
Result:	Respondent guilty of contempt
Category:	B
PDF Version

Parties:	THE LEGAL PRACTICE BOARD MICHAEL NASSIB SAID
Catchwords:	Legal practitioners Motion for contempt Work performed by person not a legal practitioner Defence of action Acting as solicitor Drawing and preparing documents relating to legal proceedings
Legislation:	Legal Practitioners' Act 1893 (WA), s 76, s 77, s 78, s 81
Case References:	Attorney-General Ex Rel Law Society of Western Australia v Quill Wills Ltd (1990) 3 WAR 500 Barristers' Board v Palm Management Pty Ltd [1984] WAR 101 Cornall v Nagle [1995] 2 VR 188 D'Alessandro & D'Angelo v Bouloudas (1994) 10 WAR 191 Green v Hoyle [1976] 1 WLR 575 Law Society of New South Wales v Ramalca Pty Ltd (1988) 12 NSWLR 34 Said v The Legal Practice Board, unreported; FCt SCt of WA; Library No 950466A; 7 September 1995 The Legal Practice Board v Adams [2001] WASC 78 The Legal Practice Board v Said, unreported; SCt of WA (Scott J); Library No 940608; 31 October 1994 The Law Society of the United Kingdom v Waterloo Brothers and Layton (1883) 8 AC 407

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : THE LEGAL PRACTICE BOARD -v- SAID [2002] WASC 35 CORAM : PARKER J HEARD : 28 MARCH & 17-18 APRIL 2001 DELIVERED : 8 MARCH 2002 FILE NO/S : CIV 1733 of 1999 BETWEEN : THE LEGAL PRACTICE BOARD

Applicant

AND

MICHAEL NASSIB SAID

Respondent

Catchwords:

Legal practitioners - Motion for contempt - Work performed by person not a legal practitioner - Defence of action - Acting as solicitor - Drawing and preparing documents relating to legal proceedings

Legislation:

Legal Practitioners' Act 1893 (WA), s 76, s 77, s 78, s 81

Result:

Respondent guilty of contempt

(Page 2)

Category: B

Representation:

Counsel:

Applicant : Mr BJ H Goetze

Respondent : In person

Solicitors:

Applicant : Minter Ellison

Respondent : In person

Case(s) referred to in judgment(s):

Attorney-General ex rel The Law Society of Western Australia v Quill Wills Ltd (1990) 3 WAR 500
Cornall v Nagle [1995] 2 VR 188
D'Alessandro & D'Angelo v Bouloudas (1994) 10 WAR 191
Green v Hoyle [1976] 1 WLR 575
Law Society of New South Wales v Ramalca Pty Ltd (1988) 12 NSWLR 34
Said v The Legal Practice Board, unreported; FCt SCt of WA; Library No 950466A; 7 September 1995
The Barristers' Board v Palm Management Pty Ltd [1984] WAR 101
The Legal Practice Board v Adams [2001] WASC 78
The Legal Practice Board v Said, unreported; SCt of WA (Scott J); Library No 940608; 31 October 1994

Case(s) also cited:

The Law Society of the United Kingdom v Waterloo Brothers and Layton (1883) 8 AC 407

(Page 3)

1 PARKER J

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] WASC 35
Decision Date

CaseChat Overview and Summary

The Legal Practice Board brought proceedings against Michael Nassib Said for contempt of court, alleging that Said had engaged in activities that constituted acting as a solicitor in breach of the Legal Practitioners' Act 1893 (WA). The Board alleged that Said, not being a legal practitioner, had drawn and prepared 16 documents on behalf of his brother Raymond Said in a District Court action. The application was brought pursuant to s 81 of the Act. The court found that Said was guilty of contempt in respect of the chamber summons dated 11 March 1998, which he had drawn, prepared and filed. The court held that Said's conduct in this regard contravened both s 76(1) and s 77(1) of the Act. The court did not find that Said had contravened the Act in relation to the other 15 documents. The court will hear the parties on the question of penalty and costs.

Orders