Carver v The Legal Profession Disciplinary Tribunal and Anor Judgment [1991] NSWLST 5

The Legal Services Tribunal of New South Wales

CITATION : Carver v The Legal Profession Disciplinary Tribunal and Anor Judgment [1991] NSWLST 5 PARTIES : Carver v The Legal Profession Disciplinary Tribunal and Anor Judgment FILE NUMBER(S) : CA 40562/90 of 1990 CORAM: J A Clarke - J A Maegher - A J A Hope CATCHWORDS: Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 Rondel v Worsley, (1969); CASES CITED: Cassidy & Anor v Glover & Anor (29 October 1987, unreported); Myers v Elman, 1940 AC 282 DATES OF HEARING: 17/09/91 DATE OF JUDGMENT: 09/17/1991 LEGAL REPRESENTATIVES:

JUDGMENT:

The Supreme Court of New South Wales Court of Appeal Carver v The Legal Profession Disciplinary Tribunal and Anor Judgment

Appeal from arbitration CA 40562/90 Judgment of Clarke JA, Meagher JA, Hope AJA 17 September 1991 Counsel: Appellant: R.A. Skiller Respondent: D. McGovern and P. Sutherland Solicitors: Appellant: Peter Carver, Star Carver & Co Respondent: Frederick Smith Appeal dismissed

Clarke JA

On 3 February 1989 the Council of the Law Society of New South Wales (which I shall describe as the respondent) lodged a complaint with the Disciplinary Tribunal constituted under the Legal Profession Act 1987 complaining that the conduct of Peter George Star Carver (the appellant), a legal practitioner, amounted to professional misconduct. The asserted ground for the complaint was in the following terms: "The continuing failure to abide by an award made by the Joint Tribunal on Fees since on or about 18 June 1987 when the Society forwarded a letter to the solicitor informing him of a council resolution on 4 June 1987 that he be censured."