Shankar Alan v Law Society: Disciplinary Proceedings & Costs After Committee Misconduct

In Shankar Alan s/o Anant Kulkarni's case against the Law Society of Singapore, the High Court addressed the issue of costs following the quashing of a Disciplinary Committee's findings against Kulkarni. The Law Society had initiated an originating summons for Kulkarni to show cause why he should not be disciplined, but withdrew it after the High Court quashed the Disciplinary Committee's findings due to misconduct. The court granted leave to the Law Society to withdraw the originating summons, awarding Kulkarni $150 in costs but denying costs for the Disciplinary Committee hearing.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Leave granted to the Law Society to withdraw the originating summons with costs to the respondent fixed at $150, but no order as to costs for the hearing before the Disciplinary Committee.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court quashed Disciplinary Committee findings. The Law Society's originating summons was withdrawn, leading to a dispute over costs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Society of SingaporeApplicantStatutory BoardLostLost
Shankar Alan s/o Anant KulkarniRespondentIndividualPartial WinPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Daniel KohRajah & Tann
Mahmood GaznaviMahmood Gaznavi & Partners

4. Facts

  1. The Disciplinary Committee found Shankar Alan guilty of gross misconduct.
  2. The Law Society applied for Shankar Alan to appear before a court of three judges.
  3. Shankar Alan applied to have the Disciplinary Committee's findings quashed.
  4. The High Court quashed the Disciplinary Committee's findings.
  5. The Law Society applied for leave to withdraw the originating summons.
  6. The respondent sought costs against the Law Society.

5. Formal Citations

  1. Re Shankar Alan s/o Anant Kulkarni and Another Application, OS 589/2006, SUM 1692/2007, [2007] SGHC 68

6. Timeline

DateEvent
Disciplinary Committee found Shankar Alan s/o Anant Kulkarni guilty of gross misconduct.
Law Society applied for Shankar Alan s/o Anant Kulkarni to appear before a court of three judges.
Shankar Alan s/o Anant Kulkarni applied to have the findings of the Disciplinary Committee quashed.
High Court quashed the findings of the Disciplinary Committee.
Law Society appeared in response to Shankar Alan s/o Anant Kulkarni’s summons.
High Court granted leave to the Law Society to withdraw the originating summons.

7. Legal Issues

  1. Costs
    • Outcome: The court granted costs of $150 to the respondent for the withdrawal of the originating summons but did not award costs for the hearing before the Disciplinary Committee.
    • Category: Procedural

8. Remedies Sought

  1. Costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Regulatory Law
  • Litigation

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Legal Profession (Disciplinary Committee Proceedings) Rules (Cap 161, Rule 2)

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act (Cap 161, 2001 Rev Ed)Singapore
Legal Profession Act (Cap 161, 2001 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Disciplinary Committee
  • Originating Summons
  • Costs
  • Gross Misconduct
  • Legal Profession

15.2 Keywords

  • Disciplinary Committee
  • Law Society
  • Costs
  • Legal Profession
  • Singapore

17. Areas of Law

Area NameRelevance Score
Disciplinary Proceedings90
Legal Profession Act90
Costs70
Civil Procedure30

16. Subjects

  • Law
  • Legal Ethics
  • Civil Procedure