Peter Countouris [1996] NSWLST 13

The Legal Services Tribunal of New South Wales

CITATION : Peter Countouris [1996] NSWLST 13 PARTIES : Peter Countouris FILE NUMBER(S) : of 1995 CORAM: Mr A. Martin (Presiding Member) - Mr W. Macquarie - Dr P.O. Miller A.M. CATCHWORDS: Professional Misconduct - make false statement - Professional Misconduct - fail to act honestly :- false date on the trader's bill of sale LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: Foreman case DATES OF HEARING: 19 September 1996 DATE OF JUDGMENT: 12/09/1996 Mr D. Robinson of counsel, instructed by Gary James Still for the Council of the Law Society of New South Wales. LEGAL REPRESENTATIVES: Mr G.C. Lindsay S.C. instructed by Holman Webb, for the Solicitor

JUDGMENT:

The solicitor acted for personal friends in a transaction in which he was personally involved as landlord and a provider of finance to his clients. In so acting for his clients he inserted a false date on the trader's bill of sale between himself and his clients; inserted a folio containing two clauses into the trader's bill of sale which materially altered that instrument and then caused the instrument to be registered in this state; inserted a date for repayment into a loan agreement between himself and his clients which materially altered that agreement; misled the Society in its investigation by drafting a false and misleading response to the complaint and falsifying file notes inserted in the file and produced to the Society on request; and misled the Society in a telephone conversation with an investigating officer from the Society.

The solicitor was also a party to the false claims of his partner, Angelo Andresakis (refer LPDR no. 2. 1997) and procured his partner into making a false affidavit in relation to the execution of the bill of sale.