On 5th June 1961 the application out of which this appeal arises was made to the Supreme Court of New South Wales and was heard by Evatt C.J., Sugerman and Wallace JJ. on 31st October 1961, when by a majority consisting of Evatt C.J. and Wallace J., Sugerman J. dissenting, the application was allowed. From that decision the present appeal comes by special leave. In the circumstances that the applicant had been disbarred upon compelling grounds and had twice been refused re-admission for reasons which took into account unseemly conduct occurring after his disbarment, the Full Court should have granted this application only were it completely satisfied that the applicant had become a fit and proper person to be a barrister. After a close examination of the elaborate judgments of the members of the Court we are satisfied that Sugerman J. alone concentrated his attention upon what, as we have said, was the critical question, viz. the applicant's proved fitness to be a barrister notwithstanding his past misconduct. Having regard to the judgments given in the Full Court and the judgments in prior applications given in this Court and the Supreme Court, it seems undesirable to go over the facts once again. It is sufficient to say that we have studied these judgments carefully and we agree with Sugerman J. that, upon the whole of the case and taking into account what is new both for and against the application, the re-admission of the applicant to the bar is not justified. We do not think that the further evidence of the applicant's mental condition or probable mental condition when he committed the offence before he was called to the bar can be regarded as of particular importance upon the critical question to be decided.