Pelechowski v The Registrar, Court of Appeal

The Court of Appeal of New South Wales considered an appeal by Mr. Pelechowski against a decision of the Registrar of the Supreme Court. The dispute concerned the Registrar's refusal to grant Mr. Pelechowski a practising certificate as a solicitor.

The primary legal issue before the Court of Appeal was whether the Registrar had erred in law by refusing to grant Mr. Pelechowski a practising certificate, and whether the Registrar's decision was affected by an error of fact or law. This involved an examination of the relevant provisions of the *Legal Profession Act 1987* (NSW) and the criteria for the grant of a practising certificate.

The Court of Appeal analysed the evidence before the Registrar, which included concerns about Mr. Pelechowski's past conduct and his fitness to practise law. The judges considered the Registrar's discretion under the Act and the principles of administrative law governing such decisions. They found that the Registrar had properly exercised their discretion, having regard to the relevant considerations and the evidence presented. The Court affirmed that the Registrar was entitled to be satisfied that Mr. Pelechowski was a fit and proper person to hold a practising certificate, and that the evidence did not support such a conclusion.

The appeal was dismissed, and the decision of the Registrar was upheld.