Affan Ahmad

The appellant, whose licence to practise law was revoked for serious misconduct, brought a motion for a stay of the revocation order and a publication ban pending his appeal.

The Tribunal dismissed the stay motion, finding that while the appeal was not frivolous, there was no irreparable harm since the appellant was already suspended on an interlocutory basis, and the balance of convenience and public interest favoured maintaining the revocation.

The Tribunal also dismissed the motion for a publication ban, applying the Sherman Estate test and concluding that the appellant's privacy interests did not outweigh the fundamental importance of openness in professional regulation.

The appellants appealed a Notice of Proposal to Revoke Registration and an Immediate Temporary Suspension Order (ITSO) issued by the Registrar under the Motor Vehicle Dealers Act, 2002.

The Registrar sought to extend the ITSO pending the conclusion of the hearing, citing 23 criminal charges against the individual appellant, including fraud and possession of stolen vehicles, as well as evidence of a re-vinned stolen vehicle transaction.

The appellants opposed the extension and sought a stay, arguing irreparable financial harm.

The Tribunal found that the serious nature of the allegations and criminal charges posed a significant risk to the public, outweighing the appellants' private financial interests.

The Tribunal extended the ITSO until the conclusion of the hearing and denied the request for a stay.