Gregory John Elsworthy [1992] NSWLST 5

The Legal Services Tribunal of New South Wales

CITATION : Gregory John Elsworthy [1992] NSWLST 5 PARTIES : Gregory John Elsworthy FILE NUMBER(S) : of CORAM: Mr A Martin - Mr G B Molloy - Rear Admiral G. Griffiths CATCHWORDS: Professional Misconduct - fail to carry out instructions - Professional Misconduct - mislead client - Professional Misconduct - mislead Law Society/Bar Association/LSC :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 12/03/92 - 09/04/92 DATE OF JUDGMENT: 04/09/1992 Mr D. Hipsley Mr F. Smith LEGAL REPRESENTATIVES: Mr G.C. Lindsay Mr R. Titterton Lloyd & Lloyd

JUDGMENT:

The Legal Profession Disciplinary Tribunal IN THE Matter OF GREGORY JOHN Elsworthy Determination and Orders

Before: Mr A. Martin (Presiding Member), Mr G. Molloy and Rear Admiral G. Griffiths. Appearances: Mr D. Hipsley instructed by Mr F. Smith for the Law Society; Mr G.C. Lindsay with Mr R. Titterton instructed by Lloyd & Lloyd for the Solicitor. Hearing date: 12 March 1992.

On 12 December 1984 the Solicitor was admitted to practice. He was thereafter employed as a solicitor for about 2 years and on the 30 October 1986 commenced practice on his own account after acquiring the legal practice of the late Mr Carl Stork. The Solicitor is now the senior partner in a firm practising in the Newcastle area. On 23 March 1987 the Solicitor received instructions from Mr & Mrs E.D. Charles to take certain proceedings against their son and daughter-in-law who allegedly had misappropriated a considerable sum of money. For various reasons, proceedings were also commenced against the ANZ Bank.