Where the challenged findings are alternative bases for the primary judge's decision rather than essential to the reasoning, this weighs strongly against a finding that the proposed appeal raises an issue of principle or question of general importance for the purposes of leave to appeal under s 101(2)(r). The question whether non-compliance with reg 45(1)(d)(ii) of the Legal Profession Regulation 2002 (NSW) engages the prohibition on commencing recovery proceedings under s 192(1) of the Legal Profession Act 1987 (NSW) was left open.
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