Law Society of NSW v Mendigorin [2005] NSWADT 185

CITATION: Law Society of NSW v Mendigorin [2005] NSWADT 185 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Mario Mendigorin FILE NUMBER: 042027; 052004 HEARING DATES: 01/11/2004, 27/05/2005 SUBMISSIONS CLOSED: 06/09/2005 DATE OF DECISION: 08/09/2005

BEFORE: Clisdell RJ - Judicial Member; Riordan M - Judicial Member; Elliott K - Non Judicial Member APPLICATION: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - breach of s. 62 of the Legal Profession Act - Professional Misconduct - fail to account - Professional Misconduct - fail to honour undertaking - Professional Misconduct - fail to keep client adequately advised - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - mislead Court/Tribunal MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Dawson v The Law Society of New South Wales, Court of Appeal 21.12.89 unreported CASES CITED: Law Society of NSW v Colin Walter Peck (Statutory Committee 23/04/1981) Law Society of NSW v Barry John Penfold (1998 – 4 LPDR 19) Law Society of NSW v Gould [2001] NSWADT 171 APPLICANT L Pierotti, solicitor REPRESENTATION: RESPONDENT 01/11/2004 - M Dudhee, barrister 27/05/2005 - In person ORDERS: Orders made on 4 August 2005: 1. That the name of Mario Mendigorin be removed from the roll of legal practitioners; 2. That the Solicitor pays the costs of the Law Society as agreed or assessed; 3. That the Law Society have leave to file in the Tribunal an agreed quantum of costs for the purpose of enforcement; 4. Further leave to apply in respect of costs on seven days notice.