David John Twomey [1992] NSWLST 19

The Legal Services Tribunal of New South Wales

CITATION : David John Twomey [1992] NSWLST 19 PARTIES : David John Twomey FILE NUMBER(S) : of CORAM: Mr F Herron (Presiding Member) - Mr G B Molloy - Mr D Mahon CATCHWORDS: Professional Misconduct - make false statement - Professional Misconduct - prepare false documents :- LEGISLATION CITED: CASES CITED: Allison v General Council of Medical Education and Registration (1894); Demetrios v Gikas Dry Cleaning Industries Pty Limited (1991) DATES OF HEARING: 30/06/92 - 08/09/92 DATE OF JUDGMENT: 09/08/1992 Mr B.J. Murdoch LEGAL REPRESENTATIVES: Mr G.C. Lindsay Messrs Sly & Weigall

JUDGMENT:

Legal Profession Disciplinary Tribunal In the matter of David John Twomey

Judgment Before: Mr F. Herron (Presiding Member), Mr G. Molloy and Mr D. Mahon.

Appearances: Mr B.J. Murdoch, Solicitor, for the Law Society; Mr G.C. Lindsay, instructed by Messrs Sly & Weigall for the Solicitor.

Hearing date: 30 June 1992.

The facts in this matter are relatively straight forward. The solicitor acted for the State Bank of New South Wales in relation to a proposed loan to Mr Ngoc Buu To. As part of the loan arrangements, the bank required a mortgage over certain land at Canley Vale owned by a Mrs Thi Huong Tran, effectively as guarantor.

The solicitor prepared the necessary mortgage documents and the guarantee mortgage and a document entitled "Acknowledgment and Consent of Third Party/Guarantor/Covenantor" in which Mrs Tran was described as the party granting consent. It appears that Mrs Tran is one and the same as Mrs To and is the wife of Mr To, the borrower.