David Ronald Lewarne and Russell John Goldsmith [1992] NSWLST 12

The Legal Services Tribunal of New South Wales

CITATION : David Ronald Lewarne and Russell John Goldsmith [1992] NSWLST 12 PARTIES : David Ronald Lewarne and Russell John Goldsmith FILE NUMBER(S) : of CORAM: Ms A Plotke (Presiding Member) - Mrs B Ingold - Mr D Patten CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - prefer own interests to those of others :- LEGISLATION CITED: Legal Practitioners' Act 1898 CASES CITED: DATES OF HEARING: 04/11/91 - 15/04/92 DATE OF JUDGMENT: 04/15/1992 Mr R. Stitt QC Mr G. Lindsay LEGAL REPRESENTATIVES: Mr P.M. Donohoe QC Mr P.R. Garling Messrs Ebsworth & Ebsworth.

JUDGMENT:

THE LEGAL PROFESSION DISCIPLINARY TRIBUNAL IN THE MATTER OF DAVID RONALD LEWARNE AND RUSSELL JOHN GOLDSMITH DETERMINATION AND ORDERS

BEFORE: Miss A. Plotke (Presiding Member), Mrs B. Ingold and Mr D.L. Patten

APPEARANCES: Mr R. Stitt QC and Mr G. Lindsay for the Law Society of New South Wales; Mr P.M. Donohoe QC for D.R. Lewarne Mr P.R. Garling for R.J. Goldsmith. Solicitors for both Solicitors, Messrs Ebsworth & Ebsworth. HEARING: 4 to 7 November 1991.

This matter comes before the Tribunal upon the complaint of the Council of the Law Society of New South Wales (the Law Society) against the Solicitors. The complaint particularised five (5) grounds viz. wilful breaches of Section 41(1) of the Legal Practitioners Act 1898 gross negligence in failing to protect client's interests, conflict of interest in preferring the interests of certain clients over those of other clients, preferring their own interests to those of their clients and dereliction of duty and obligations as solicitors.