The Council of the Law Society of New South Wales v Seymour

The Council of the Law Society of New South Wales (the Law Society) brought proceedings against Mr. Seymour alleging contempt of court. The dispute concerned whether Mr. Seymour had breached an order previously made by the court which restrained him from "acting or purporting to act" as a solicitor. The matter was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether Mr. Seymour's involvement in three specific transactions constituted a breach of the restraining order. This required the court to determine the scope and meaning of the phrase "acting or purporting to act" as a solicitor in the context of the order and Mr. Seymour's conduct. The court also considered the competency of the appeal itself.

The Court of Appeal reasoned that Mr. Seymour's actions in the three transactions went beyond mere administrative or preparatory steps and amounted to him holding himself out as a solicitor and engaging in conduct that a solicitor would typically undertake. The court applied the principle that orders restraining a person from acting as a solicitor are intended to protect the public and must be interpreted and enforced broadly to achieve that purpose. The court found that Mr. Seymour's conduct fell within the prohibited activities.

The appeal was dismissed.