Spero Pitsikas [1994] NSWLST 16

The Legal Services Tribunal of New South Wales

CITATION : Spero Pitsikas [1994] NSWLST 16 PARTIES : Spero Pitsikas FILE NUMBER(S) : of 1993 CORAM: Mr G B Molloy (Presiding Member) - Mr C. Robison - Mr D Mahon CATCHWORDS: Unsatisfactory Professional Conduct - falsely witnessing a document :- Unsatisfactory professional conduct. Tribunal considers itself not bound by findings in other Courts or Tribunals. Tribunal considers that alleged conduct should not be looked at in hindsight. Discussion as to the concept of unsatisfactory professional conduct and its relationship to negligence. Discussion of conflict of interest. LEGISLATION CITED: Legal Profession Act 1987 Hollington v Hewthorn and Company Limited 1943 (1KB27) ; Mercer v Pharmacy Board of Victoria (1968) VR72 at 81-83; CASES CITED: Briginshaw v Briginshaw (1938) 60CLR366; The unreported decision of this Tribunal in the matter of Ian Gordon Dun, No. 22 of 1993; Law Society v Harvey (1976) 2NSWLR 154 ; In the Will of Shannon 1977 1 NSWLR 210 DATES OF HEARING: 29 April 1994 DATE OF JUDGMENT: 06/14/1994 LEGAL REPRESENTATIVES: Mr D. Hipsley (instructed by Mr F.J. Smith) for the Law Society of New South Wales. Mr P. Hastings QC (instructed by James Moustacas & Co) for the Solicitor.

JUDGMENT:

AS A RESULT OF CERTAIN ACTIVITIES IN 1987, 1988 AND 1989, and after a contested hearing before his Honour Mr Justice Cole in proceedings in the Supreme Court, Commercial Division, Mr Pitsikas ("the Solicitor") suffered a judgment against him in some $4,949,508, plus costs, and the Solicitor's claim for indemnity against Law Cover was dismissed.