Council of the Law Society of NSW v Layton

Introduction 1 The plaintiff, by summons, sought the following orders: "1. Orders pursuant to section 720 of the Legal Profession Act 2004: (i) restraining the defendant from engaging in legal practice in contravention of section 14(1) of the Legal Profession Act 2004; (ii) restraining the defendant by himself, his servants or agents from representing or advertising that he is entitled to engage in legal practice, in contravention of section 15(1) of the Legal Profession Act 2004; and 2. Costs."

Facts 2 The factual evidence in support of the summons was contained in two affidavits read by the plaintiff together with documents tendered by it from the file of the NSW Land and Housing Corporation and the Equity Division of this court. 3 The defendant adduced no evidence nor did he contest the evidence adduced by the plaintiff. 4 It was common ground that the defendant was admitted to practice as a solicitor on 22 June 1973; he first obtained a practising certificate in 1989; between 1 January 1989 and 30 June 1999 he was employed at the Land Titles Office; he held a practising certificate from 1 January 1989 to 30 June 1999 but did not renew it for the year commencing 1 July 1999. He has not held a practising certificate in New South Wales since 30 June 1999. 5 The evidence upon which the plaintiff relied to base its application related to four transactions in which the defendant had engaged. Those transactions were as follows.