Re Davis

This article is about the 1947 High Court of Australia case. For the 2009 United States Supreme Court case, see Troy Davis case#U.S. Supreme Court Order.

In Re Davis

Court	High Court of Australia
Full case name	In Re Davis
Decided	15 December 1947
Citation(s)	[1947] HCA 53
Case history
Prior action(s)	In Re Davis (1947) 48 SR (NSW) 33
Subsequent action(s)	none
Case opinions
(4:1) The Supreme Court of New South Wales is not bound by section 10 of the Legal Practitioners Act 1898-1936 (NSW) to admit to the bar a candidate who is approved by the Board. (per Starke, Dixon, McTiernan and Williams JJ; Latham CJ dissenting) (5:0) The power of the Supreme Court of New South Wales to disbar may be exercised upon a ground that is antecedent to the admission of a barrister or the determination of the Board to approve him as a fit and proper person. The Supreme Court rightly held that the appellant was not a fit and proper person to be a barrister. (per Latham CJ, Starke, Dixon, McTiernan and Williams JJ)
Court membership
Judge(s) sitting	Latham CJ, Starke, Dixon, McTiernan and Williams JJ

In Re Davis (1947) 75 CLR 409; [1947] HCA 53 is a High Court of Australia case regarding the admission of legal practitioners and the jurisdiction of courts over barristers.

Facts

Samuel Wilton Davis was admitted to the New South Wales Bar in 1946 following completion of the all the necessary requirements under section 10 of the Legal Practitioners Act 1898-1936 (NSW).

He was disbarred by the Supreme Court of New South Wales in 1947 for failure to disclose that in 1935 he had pleaded guilty to a charge of breaking, entering and stealing.

Decision

The High Court upheld the decision of the Supreme Court to disbar Davis.

This article is issued from Wikipedia - version of the Wednesday, November 04, 2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.