John Baptist Malfanti [1991] NSWLST 15

The Legal Services Tribunal of New South Wales

CITATION : John Baptist Malfanti [1991] NSWLST 15 PARTIES : John Baptist Malfanti FILE NUMBER(S) : of CORAM: Mr G Williams (Presiding Member) - Mr D. Mahon - Ms A Plotke 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 :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 19/02/90 - 18/05/91 DATE OF JUDGMENT: 05/18/1991 Mr G.L. Lindsay LEGAL REPRESENTATIVES: Ms Rosemary MacDougal Mr P. Roberts Messrs Horowitz & Bilinsky

JUDGMENT:

THE LEGAL PROFESSION DISCIPLINARY TRIBUNAL IN THE MATTER of JOHN BAPTIST MALFANTI

ORDERS AND REASONS FOR determination Before: Mr G.L. Williams (Presiding Member), Mr D. Mahon and Miss A. Plotke

Appearances: Mr G.L. Lindsay instructed by Ms Rosemary MacDougal appeared for the Law Society; Mr P. Roberts instructed by Messrs Horowitz & Bilinsky appeared for the Solicitor.

This complaint against the conduct of John Baptist Malfanti (sometimes referred to as John Baptiste Malfanti) (the Solicitor) was made to the Legal Profession Disciplinary Tribunal (the Tribunal) pursuant to the provisions of Section 135 of the Legal Profession Act 1987 by the Council of the Law Society of New South Wales (the Society). The complaint is dated 31 July 1989 and in it the Society seeks such order as the Tribunal shall deem fit and orders relating to costs upon the following grounds: 1. The Solicitor failed to obtain any security for a loan from his clients Sam and Haifa Kabbara to his client McNamara, 2. The Solicitor has deliberately misled his clients Sam and Haifa Kabbara, 3. The Solicitor has misled the Society in that he informed the Society that an amount of $50,000.00 was paid to him for the purchase of shares which he did not own in International Food Technology Limited, 4. The Solicitor misled the Investigator appointed by the Society, 5.The Solicitor misled Messrs. Hunt & Hunt as solicitors for Sam and Haifa Kabbara, 6.The Solicitor misled the Society in relation to a sum of $10,000.00 given to him for investment on behalf of Sam and Haifa Kabbara, 7.The Solicitor wilfully breached Section 41 of the Legal Practitioners Act, 1898 and Section 61 of the Legal Profession Act, 1987, 8.The Solicitor intermingled his own funds with those of his clients, 9.The Solicitor failed to obtain adequate security from one client for moneys loaned by the Solicitor on behalf of other clients, and 10.The Solicitor preferred the interest of his client Oayda to that of his client Olga May Henman.