David Colin Hundt [1991] NSWLST 14

The Legal Services Tribunal of New South Wales

CITATION : David Colin Hundt [1991] NSWLST 14 PARTIES : David Colin Hundt FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Mr A Martin - Mrs B Ingold CATCHWORDS: Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - gross overcharging of client - Professional Misconduct - practice as a Solicitor/Barrister without a practising :- LEGISLATION CITED: Legal Practitioners' Act 1898 Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 20/09/91 - 19/12/91 DATE OF JUDGMENT: 12/19/1991 LEGAL REPRESENTATIVES: Mr I.M. Wales of Counsel Mr L. Pierotti

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of David Colin Hundt Determination and orders

Before: Mr D.E. Hunt (Presiding Member), Mr A. Martin and Mrs B. Ingold MBE

This Complaint was referred to the Legal Profession Disciplinary Tribunal (the Tribunal) pursuant to a resolution dated 13 December 1990 by the Council of the Law Society of New South Wales (the Law Society) that in its opinion David Colin Hundt (the Solicitor) may be guilty of professional misconduct and that a complaint be made to the Tribunal.

The hearing took place on the 20 September 1991 and 3 October 1991 when Mr I.M. Wales of Counsel instructed by Mr L. Pierotti appeared on behalf of the Law Society and the Solicitor appeared for himself.

The evidence before the Tribunal includes the reports of Miss Jean Sayer, chartered accountant, dated 2 March 1988 and 5 July 1988. Miss Sayer also gave oral evidence but was not cross-examined by the Solicitor. Miss Sayer had been appointed by the Law Society on 12 November 1987 pursuant to Section 82(A) of the Legal Practitioners Act 1898 the old Act) to investigate the affairs of David Edwin Quinn, Maxwell John Berghouse and the Solicitor formerly practising under the firm name of Quinn, Hundt & Berghouse. On 11 February 1988 the Law Society appointed Miss Sayer as an investigator pursuant to Section 55 of the Legal Profession Act 1987 (the new Act) to investigate the affairs of David Edwin Quinn, Maxwell John Berghouse and David Colin Hundt formerly practising under the firm name of Quinn, Hundt & Berghouse.