Lawyers and Conveyancers Act 2006

267 High Court may dismiss application, or reserve case for Court of Appeal

(1)

When an application is made to the High Court for an order that the name of a person enrolled as a barrister and solicitor of the High Court under or by virtue of this Act be struck off the roll,—

(a)

the High Court may, if it thinks fit, dismiss the application; or

(b)

if the High Court is of the opinion that the application ought to be granted, or that it is doubtful whether the application ought to be dismissed or granted, the High Court must reserve the case for the consideration of the Court of Appeal.

(2)

The High Court, if it reserves the case under subsection (1)(b),—

(a)

must cause the application and all affidavits made in support of the application, and all other proceedings, to be sent forthwith to the Registrar of the Court of Appeal; and

(b)

may order that the person enrolled be suspended from practice as a barrister or as a solicitor or as both until the decision of the Court of Appeal on the application is given.

(3)

If a case is reserved for the consideration of the Court of Appeal, that court—

(a)

must, as soon as practicable, consider the application and grant or dismiss it; and

(b)

may make such other order in respect of the application as it thinks fit.

Compare: 1982 No 123 s 93

Section 267(1): amended, on 20 November 2012, by section 23(1) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 267(2)(b): amended, on 20 November 2012, by section 23(2) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).