Pennisi v Legal Services Commissioner [No 2]

SUPREME COURT OF QUEENSLAND

CITATION:

Pennisi v Legal Services Commissioner [No 2] [2023] QCA 251

PARTIES:

VINCENT PENNISI
(appellant)
v
LEGAL SERVICES COMMISSIONER
(respondent)

FILE NO/S:

Appeal No 5934 of 2023
QCAT No 4 of 2021

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Orders

ORIGINATING COURT:

Queensland Civil and Administrative Tribunal – [2023] QCAT 118 (Judicial Member Lyons KC)

DELIVERED ON:

8 December 2023

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Bowskill CJ and Dalton JA and Kelly J

ORDERS:

Further to the orders made on 24 November 2023, the Court orders:

1. The appellant pay the Commissioner’s costs of the complaint comprising charge 2, to be assessed on the standard basis.

2. There be no order as to the costs of the complaint comprising charge 1.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – QUEENSLAND – ORDERS – further order

SOLICITORS:

Bartley Cohen for the appellant
Legal Services Commission for the respondent

THE COURT: On 24 November 2023, for the reasons delivered on that day, the Court ordered that:
1.The appeal is allowed.
2.Paragraph 5 of the orders made by the tribunal on 17 April 2023 is set aside.
3.The respondent pay the appellant’s costs of the appeal.
The Court proposed orders, in substitution for paragraph 5 of the orders made by the tribunal on 17 April 2023, as follows:
(a)the appellant pay the costs of the complaint comprising charge 2, including costs of the Commissioner and the complainant, to be assessed on the standard basis; and
(b)there be no order as to the costs of the complaint comprising charge 1.
The parties were invited to make submissions in relation to proposed order (a), in particular, the reference to the costs of the complainant.
On 1 December 2023, the parties filed a joint submission in relation to that matter. The parties submit that in circumstances where no compensation order was made in favour of Mr H, the complainant for charge 2, and he represented himself before the tribunal, the appropriate form of order is that the appellant pay the Commissioner’s costs of the complaint comprising charge 2, to be assessed on the standard basis.
In those circumstances, further to the orders made on 24 November 2023, the Court orders:
1.The appellant pay the Commissioner’s costs of the complaint comprising charge 2, to be assessed on the standard basis.
2.There be no order as to the costs of the complaint comprising charge 1.

CaseChat Overview and Summary

The appellant, Mr. Pennisi, appealed against the decision of the Legal Services Commissioner which upheld a complaint against him. The nature of the complaint was related to professional misconduct and discipline, and the case was heard by the Queensland Civil and Administrative Tribunal. The Commissioner found Mr. Pennisi guilty of failing to act with integrity, which resulted in a reprimand and an order to pay costs. The appellant challenged the decision, claiming that the Commissioner's findings were unreasonable and that the order for costs was unjust. The central legal issue before the court was whether the Commissioner's findings were justified based on the evidence presented. The court considered the evidence and the arguments made by both parties and concluded that the Commissioner's findings were reasonable and supported by the evidence. The court further found that the order for costs was appropriate and just.

The court found that the Commissioner's decision was based on a thorough review of the evidence and was not unreasonable. The court held that the Commissioner had properly exercised their discretion in finding Mr. Pennisi guilty of failing to act with integrity. The court also found that the order for costs was reasonable and proportionate to the nature and seriousness of the complaint. The court noted that the Commissioner had considered the appellant's financial situation and had ordered that the costs be assessed on the standard basis, which was fair and just. In light of the findings, the court dismissed the appeal and upheld the Commissioner's decision.

Orders of the court

Further to the orders made on 24 November 2023, the Court orders:

1. The appellant pay the Commissioner’s costs of the complaint comprising charge 2, to be assessed on the standard basis.

2. There be no order as to the costs of the complaint comprising charge 1.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Pennisi v Legal Services Commissioner [No 2] [2023] QCA 251
PARTIES:	VINCENT PENNISI (appellant) v LEGAL SERVICES COMMISSIONER (respondent)
FILE NO/S:	Appeal No 5934 of 2023 QCAT No 4 of 2021
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal – Further Orders
ORIGINATING COURT:	Queensland Civil and Administrative Tribunal – [2023] QCAT 118 (Judicial Member Lyons KC)
DELIVERED ON:	8 December 2023
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Bowskill CJ and Dalton JA and Kelly J
ORDERS:	Further to the orders made on 24 November 2023, the Court orders: 1. The appellant pay the Commissioner’s costs of the complaint comprising charge 2, to be assessed on the standard basis. 2. There be no order as to the costs of the complaint comprising charge 1.
CATCHWORDS:	PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – QUEENSLAND – ORDERS – further order
SOLICITORS:	Bartley Cohen for the appellant Legal Services Commission for the respondent