NSW Caselaw
The Legal Services Tribunal of New South Wales
CITATION : Malfanti v Legal Profession Disciplinary Tribunal [1993] NSWLST 8 PARTIES : Malfanti v Legal Profession Disciplinary Tribunal FILE NUMBER(S) : of CORAM: JA Clarke - JA Meagher - JA Handley CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - mislead Law Society/Bar Association/LSC - Professional Misconduct - mislead Investigator - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Practitioners' Act 1898 Legal Profession Act 1987 Allinson v General Council of Medical Education Registration [1894]; CASES CITED: Johns v Law Society of New South Wales [1982]; O'Reilly v The Law Society [1988] 24 NSWLR 204 DATES OF HEARING: 23/08/93 DATE OF JUDGMENT: 08/23/1993 P. Roberts & D.B. McGovern Horowitz & Bilinsky LEGAL REPRESENTATIVES: D. Hipsley Frederick Smith
JUDGMENT:
Supreme Court of New South Wales Court of Appeal Malfanti v Legal Profession Disciplinary Tribunal Judgment
Coram: Clarke JA, Meagher JA, Handley JA Counsel: Appellant: P. Roberts & D.B. McGovern Respondent: D. Hipsley Solicitors: Appellant: Horowitz & Bilinsky Respondent: Frederick Smith Delivered: 23 August 1993
SOLICITOR - Debit in trust account - finding of professional misconduct - tribunal gave no reasons for concluding that solicitor deliberately or was recklessly indifferent in disregarding his obligations under s.41 of the Legal Practitioner Act - appeal by solicitor. HELD: No evidence before the Tribunal allowed it to conclude that there had been a wilful breach of s.41 - breach occasioned by existence of debit was of trivial magnitude and could not amount to professional misconduct - there is nothing wrong with a solicitor maintaining in his own name a trust account providing that it is always in credit. Allinson v General Council of Medical Education Registration [1894] 1 QB 750 applied.
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