Luigi Polito [1994] NSWLST 9

The Legal Services Tribunal of New South Wales

CITATION : Luigi Polito [1994] NSWLST 9 PARTIES : Luigi Polito FILE NUMBER(S) : of 1993 CORAM: Mr C. Robison (Presiding Member) - Mr A. Edgar - Mr N. Reidy CATCHWORDS: Professional Misconduct - make false statement :- Unsatisfactory Professional Conduct - falsely witnessing a document LEGISLATION CITED: Legal Profession Act 1987 Real Property Act 1900 CASES CITED: Ellen Louise Weingarth 1993 2 LPDR No.2 DATES OF HEARING: 19 April 1994 DATE OF JUDGMENT: 05/17/1994 LEGAL REPRESENTATIVES: Mr L.W. Pierotti for the Council of the Law Society of New South Wales, Mr T.A. Williams Solicitor for the Solicitor.

JUDGMENT:

By its Amended Complaint the Council of the Law Society of New South Wales (the Society) alleged that Luigi Polito of Level 5, 22 Central Avenue Manly (the Solicitor) signed as a witness to the signatures of mortgagors on a Variation of Mortgage notwithstanding that the mortgagors did not sign in his presence.

The further particulars as amended alleged:

"1. The Solicitor purported to witness the purported signatures of Joanne Margaret Doyle and Kevin Raymond Doyle on a Variation of Mortgage between Kevin Raymond Doyle and Joanne Margaret Doyle as mortgagors and James William Eisenhower and Moyra Bridget Eisenhower as mortgagees and which document was registered on 11 March 1991 when it is conceded by the Solicitor that the said Joanne Margaret Doyle and Kevin Raymond Doyle were not present when he purported to witness such signatures and where, furthermore, it was alleged by Joanne Margaret Doyle that such signature is not hers."

The Society sought orders that a monetary penalty be imposed on the Solicitor and that the Solicitor pay the costs of the Society on a solicitor/client basis.