Law Society of New South Wales -v- Poynten [1999] NSWADT 21

Set aside by Appeal : Grounds 1-5 set aside by appeal on 4/9/2000

CITATION: Law Society of New South Wales -v- Poynten [1999] NSWADT 21

DIVISION: Legal Services

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

RESPONDENT: John Goldsworthy Poynten

FILE NUMBER: 9730

HEARING DATES: 29/06/98; 30/06/98

SUBMISSIONS CLOSED: 30/06/98

DATE OF DECISION: 8 April 1999

R Fox Presiding Judicial Member BEFORE: J Currie - Judicial Member E Hayes - Member

PRIMARY LEGISLATION: Legal Profession Act 1987

APPLICATION: Misleading/deceptive/unfair dealing with client; Professional misconduct - solicitor ; Wrongful application of trust/controlled money or other valuable property -

MATTER FOR DECISION: Principal matter

Applicant: D Hipsley of counsel instructed by R J Collins REPRESENTATION: Respondent: D Poynten, solicitor

ORDERS: 1. The Respondent's name be removed from the Roll of Legal Practitioners. 2. The Respondent pay the Applicant's costs.

1 In these proceedings the Law Society complains that John Goldsworthy Poynten ("the solicitor"), in his performance of his duties as executor of the estate of his long time friend (and client) L J F Starr ("the Estate"):- 1. Withdrew an amount of $1,000.00 in costs without issuing a bill of costs.

2. Failed to account to the Estate for a sum of $3,131.60 withdrawn from the Westpac Bank Account of the Estate ("the Estate Account") and deposited to his office account on 28th June, 1994.

3. Failed to account to the Estate for an amount of $15,000.00 received on or about 8th August, 1995.