Peter Roger Simons [1994] NSWLST 19

The Legal Services Tribunal of New South Wales

CITATION : Peter Roger Simons [1994] NSWLST 19 PARTIES : Peter Roger Simons FILE NUMBER(S) : of 1993 CORAM: Mr A. Martin (Presiding Member) - Ms E. Dutton - Mr W. Macquarie Professional Misconduct - breach of s. 61 of the Legal Profession Act :- s.173 of the Legal Profession Act 1987 CATCHWORDS: sections 41 and 42 Legal Practitioners Act 1898. Misappropriation of clients' funds in five instances. No exceptional circumstances to justify the Tribunal making an order other than to remove the name of the solicitor from the Roll. Consideration of the guidelines for borrowing from clients and Regulation 27. LEGISLATION CITED: Legal Profession Act 1987 Legal Practitioners' Act 1898 CASES CITED: Law Society v Bannister (LPDR No. 4 1993 at 28) ; In ex parte Macaulay (1930 30 SR (NSW) 194) DATES OF HEARING: DATE OF JUDGMENT: 12/15/1994 LEGAL REPRESENTATIVES: Mr D. Hipsley instructed by Mr L.W. Pierotti for the Law Society of New South Wales. Mr S. Cuddy for Solicitor.

JUDGMENT:

ON 12 AUGUST 1993 THE COUNCIL OF THE LAW SOCIETY OF New South Wales ("the Law Society") resolved that Peter Roger Simons ("the Solicitor") may be guilty of professional misconduct and that a complaint be made to the Legal Profession Disciplinary Tribunal pursuant to s. 135 of the Legal Profession Act 1987. The Legal Services Tribunal ("the Tribunal") heard and determines the Complaint under the transitional provisions of the Legal Profession Reform Act 1993 and its Regulations.

The grounds of the Complaint are:

1. The Solicitor misappropriated the moneys of the executors of the Estate of the late Yvonne Desiree Herry in the sum of $14,000 and the Solicitor acted in breach of s.41 of the Legal Practitioners' Act 1898.