Nash v Council of the New South Wales Bar Association

The appeal concerned a barrister, Ms Nash, who was found by the NSW Bar Association Tribunal to have engaged in professional misconduct by knowingly giving false evidence in proceedings in which she was a party. Ms Nash appealed this decision to the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the Tribunal had failed to consider relevant evidence when making its finding of professional misconduct against Ms Nash, specifically in relation to the allegation that she knowingly gave false evidence.

The Court of Appeal allowed the appeal in part, setting aside the Tribunal's order in relation to one specific ground of the application. The Court reasoned that the Tribunal had erred in its consideration of certain evidence pertaining to that ground. However, the appeal was otherwise dismissed, and Ms Nash was ordered to pay two-thirds of the respondent's costs.