The Law Society of New South Wales v Foreman [1991] NSWLST 9

The Legal Services Tribunal of New South Wales

CITATION : The Law Society of New South Wales v Foreman [1991] NSWLST 9 PARTIES : The Law Society of New South Wales v Foreman FILE NUMBER(S) : of CORAM: JA Samuels - JA Mahoney - JA Meagher CATCHWORDS: Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Practitioners' Act 1898 O'Reilly v Law Society of New South Wales, Court of Appeal, 23 December 1988, unreported; Bridges v The Law Society of New South Wales (1983) 2 NSWLR 361; CASES CITED: Law Society of New South Wales v Harvey (1976) 2 NSWLR 154 at 171; Law Society of New South Wales v Moulton (1981) 2 NSWLR 736; Hodgekiss (1962) SR (NSW) 340 at 343; Law Society of New South Wales v McNamara (Court of Appeal, 7 March 1980, unreported DATES OF HEARING: 09/09/91 DATE OF JUDGMENT: 09/09/1991 G.C. Lindsay LEGAL REPRESENTATIVES: The Law Society (L.W. Pierotti) N.R. Burns Murray, Backhouse & Turner

JUDGMENT:

Supreme Court of New South Wales Court of Appeal The Law Society of New South Wales v Foreman Judgment Appeal from Solicitors' Statutory Committee Coram: Samuels JA, Mahoney JA and Meagher JA delivered on 9 September 1991 Counsel: Appellant: G.C. Lindsay Respondent: N.R. Burns Solicitors: Appellant: The Law Society (L.W. Pierotti) Respondent: Murray, Backhouse & Turner Appeal dismissed

Samuels JA

I have had the advantage of reading in draft the judgment prepared by Mahoney JA. It sets out the facts in some detail and I need not recapitulate them. I agree generally with his conclusions, save for the order for costs. But my view of the matter, which I can shortly explain, depends upon considerations somewhat different from those which Mahoney JA expresses.