Law Society of New South Wales -v- Hughes [1999] NSWADT 44

Set aside by Appeal : Decision not set aside by appeal. On 16/07/2002 Appeal Panel for the purpose only of determining jurisdiction of the Appeal Panel, find that the decision and orders of the Tribunal made 29 June 1999 are void

CITATION: Law Society of New South Wales -v- Hughes [1999] NSWADT 44

DIVISION: Legal Services

APPLICANT: The Council of the Law Society of New South Wales

RESPONDENT: Colin Frederick Hughes

FILE NUMBER: 9436, 9636 and 9806

HEARING DATES: 03/23/1998; 03/24/1998; 03/25/1998; 03/30/1998; 03/31/1998; 06/09/1998; 06/10/1998; 06/11/1998; 06/12/1998; 06/13/1998; 12/18/1998; 03/05/1999; 05/10/1999

SUBMISSIONS CLOSED: 05/10/1999

DATE OF DECISION: 29 June 1999

G B Molloy Presiding Judicial Member BEFORE: C Staff - Judicial Member D Mahon - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Conduct calculated to mislead Court; Default error in carrying out clients' instructions; Gross overcharging; Prescribed statutory/professional rules breach; Professional misconduct - solicitor ; Wrongful application of trust/controlled money or other valuable property -

MATTER FOR DECISION: Principal matter

Applicant: I Wales S C instructed by R J Collins REPRESENTATION: Respondent: In person

1. The name of Colin Frederick Hughes be and the same is removed from the Roll of Legal Practitioners in New South Wales. ORDERS: 2. The practitioner pay the costs of the Law Society of the whole of the proceedings but excluding those costs referrable to those portions of the hearing on the merits in March and June 1998 referrable to the matters of Podder, Lo, Juntunen, Padovan and the matters pertaining to the computer complaint in No. 6 of 1998. 3. Pursuant to the provisions of Section 171 B of the Legal Profession Act the Tribunal orders that the evidence given 10 May 1999 and the transcript of that evidence, the Application by the Practitioner filed 7 April 1998, the Submissions annexed to it, the copy letter from the Law Society to the practitioner 9 December 1998, the copy letter from Messrs Toop, Harrison & Metcalfe to the Legal Services Commissioner of 26 February 1998, be not published or available to the public save and except that the portion of the material in the transcript 10 May 1999 relating to Mortina Lo is not included in the above orders. 4. All applications made by the practitioner for costs are dismissed.