Jacups v Council of the Law Society of New South Wales [2023] NSWCA 130

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jacups v Council of the Law Society of New South Wales [2023] NSWCA 130 Hearing dates: 28 April 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Before: Meagher JA at [1]; Gleeson JA at [80]; Mitchelmore JA at [81] Decision: (1) That the Fidelity Fund Management Committee be removed as a respondent to the appeal so that the only named respondent is the Council of the Law Society of New South Wales. (2) The appellant's notice of appeal be dismissed with costs. Catchwords: LEGAL PRACTITIONERS — Legal Practitioners Fidelity Fund — claim against fund — whether consequential loss recoverable from fund — whether amount received by solicitor "trust money" — whether amounts received subject to instruction that they be applied to satisfied costs orders — whether amounts disbursed in accordance with client's instructions Legislation Cited: Evidence Act 1995 (NSW), s 140(2) Legal Profession Act 1987 (NSW), ss 61, 79A, 79B, 79C, 80 Legal Profession Act 2004 (Vic), s 3.6.23 Legal Profession Uniform Law (NSW), ss 129, 219, 223, 233, 240, 241, 242, 243, 247 Legal Profession Uniform Law Application Act 2014 (NSW), ss 16, 119 Real Property Act 1900 (NSW), s 105, s 105D Supreme Court Act 1970 (NSW), s 101 Cases Cited: Legal Services Board v Gillespie-Jones (2013) 249 CLR 493; [2013] HCA 35 Plunkett v Bull (1915) 19 CLR 544; [1915] HCA 14 Category: Principal judgment Parties: Graham Dudley Jacups (Appellant) Council of the Law Society of New South Wales (Respondent) Representation: Counsel: