Lewis Fineman Yee [1996] NSWLST 26

The Legal Services Tribunal of New South Wales

CITATION : Lewis Fineman Yee [1996] NSWLST 26 PARTIES : Lewis Fineman Yee FILE NUMBER(S) : of 1995 CORAM: Mr W. Macquarie - Ms J.M. Mattila - Mr D Mahon CATCHWORDS: Professional Misconduct - conviction for offences of dishonesty :- Falsely purported to witness the signature of a guarantor LEGISLATION CITED: Legal Profession Act 1987 New South Wales Ltd. v Yee 1933 NSWLR 618 ; CASES CITED: 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; Judgment of New South Wales Court of Appeal - delivered 7 August 1992 DATES OF HEARING: 30 August 1996 DATE OF JUDGMENT: 11/13/1996 LEGAL REPRESENTATIVES: Ms J. Deamer of counsel instructed by Mr Gary James Still Mr. D. Hipsley of counsel instructed by Michael P. Carroll & Peter S. Knudsen

JUDGMENT:

The solicitor falsely purported to witness the signature of a guarantor on a loan facility agreement between the State Bank and his client company for a loan of $10,200,000.00.

The guarantor had not signed the agreement in the solicitor's presence and that signature turned out to be a forgery. There were a number of additions and variations to the original loan and it ultimately increased to $64 million.

The State Bank brought proceedings against the solicitor 1993 NSWLR 618. Mr Justice Giles held that the solicitor's representations rather that the later forgeries and the false attestation should be found to have caused the Bank's loss.

The quantum of damages was assessed at $26 million.