New Zealand Law Society v Stanley

[2019] NZSC 125

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 41/2019

[2019] NZSC 125

BETWEEN

NEW ZEALAND LAW SOCIETY

Applicant

AND

JOHN LLEWELLYN STANLEY

Respondent

Hearing:

25 September 2019

Court:

Winkelmann CJ, Glazebrook and Williams JJ

Counsel:

P N Collins for Applicant

J C Gwilliam and H Joubert for Respondent

Judgment:

13 November 2019

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Stanley v The New Zealand Law Society [2019] NZCA 119).

B           The approved ground of appeal is whether the Court of Appeal was correct to allow the  appeal against the High Court judgment (Stanley v New Zealand Law Society [2018] NZHC 1154) and to make an order for Mr Stanley’s admission.

REASONS

[1]    An application for a stay of the Court of Appeal judgment1[1] by the New Zealand Law Society was refused by the Court of Appeal.2[2] No appeal was lodged against that decision and no application for a stay was made to this Court. Mr Stanley has now been admitted as a barrister and solicitor of the High Court of New Zealand.

NEW ZEALAND LAW SOCIETY v JOHN LLEWELLYN STANLEY [2019] NZSC 125 [13 November 2019]

[2] As well as addressing the approved question, the parties should address in their submissions whether (and if so, how) Mr Stanley’s name could be removed from the roll of barristers and solicitors should the appeal be allowed. The parties should also address s 41 of the Lawyers and Conveyancers Act 2006. The relevance of the failure to challenge the Court of Appeal stay decision may also be addressed.

Solicitors:

New Zealand Law Society, Wellington for Applicant Main Street Legal Ltd, Upper Hutt for Respondent

[1] Stanley v The New Zealand Law Society [2019] NZCA 119 (French, Dobson and Brewer JJ).

[2] Stanley v New Zealand Law Society [2019] NZCA 354 (Kós P, Gilbert and Wild JJ).