NSW Caselaw
The Legal Services Tribunal of New South Wales
CITATION : Soterakis Gregory Demetrios [1993] NSWLST 2 PARTIES : Soterakis Gregory Demetrios FILE NUMBER(S) : of CORAM: Ms A Plotke (Presiding Member) - Mr A. Edgar - Dr U. Gault CATCHWORDS: Professional Misconduct - mislead Solicitor - Professional Misconduct - prepare false documents :- LEGISLATION CITED: Legal Profession Act 1987 Gikas Dry Cleaning Industries Pty Ltd v Kiriakidis, p.124; CASES CITED: Demetrios v Gikas Dry Cleaning Industries Pty Limited; Allinson v General Council of Medical Education and Registration 1894 [1 QB 750]); Fraser v The Council of the Law Society of New South Wales (LPDR 5 of 1992) DATES OF HEARING: 10/03/93 - 10/05/93 DATE OF JUDGMENT: 05/10/1993 Mr D. Hipsley LEGAL REPRESENTATIVES: Mr F. Smith Mr A.E. Cramer-Roberts Constantine Christopher & Associates
JUDGMENT:
The Legal Profession Disciplinary Tribunal In the matter of Soterakis Gregory Demetrios Determination and Orders
Before: Miss A. Plotke (Presiding Member), Mr A. Edgar and Dr U. Gault.
Appearances: Mr D. Hipsley instructed by Mr F. Smith for the Law Society, and Mr A.E. Cramer-Roberts instructed by Constantine Christopher & Associates for the Solicitor.
Hearing date: 10 February 1993.
This Complaint was made under Section 135 of the Legal Profession Act 1987 (the Act) by the Council of the Law Society of New South Wales (the Law Society) against Soterakis Gregory Demetrios (the Solicitor). The Law Society alleged that the Solicitor signed false statements in documents and misled a solicitor. The particulars given specify that the Solicitor acted for Gabriel Kiriakidis (GK) and Eleftheria Kiriakidis (EK) with respect to a mortgage dated 18 December 1985 to Gikas Dry Cleaning Industries Pty Limited (Gikas) over certain land and for EK with respect to a mortgage dated 18 December 1985 to Gikas over other land and that he signed his name immediately below the words "signed in my presence by the mortgagor who is personally known to me" on the mortgage documents (the mortgages) opposite signatures "E. Kiriakidis" whereas EK did not sign the mortgages in the presence of the Solicitor.
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