Richard Charles Mochalski and David Anthony McCarthy [1990] NSWLST 8

The Legal Services Tribunal of New South Wales

CITATION : Richard Charles Mochalski and David Anthony McCarthy [1990] NSWLST 8 PARTIES : Richard Charles Mochalski and David Anthony McCarthy FILE NUMBER(S) : of CORAM: Mr D E Hunt (Presiding Member) - Mr J.I. Einfeld - Dr U. Gault CATCHWORDS: Professional Misconduct - mislead client - Professional Misconduct - fail to keep accounts - Professional Misconduct - misappropriate trust moneys/moneys - Professional Misconduct - prefer own interests to those of others :- LEGISLATION CITED: Companies Act Legal Practitioners' Act 1898 Lee v Evans 112 CLR (1964); Harvey v Law Society of New South Wales (1976); CASES CITED: Law Society of New South Wales v Moulton 1981; Hawkins v Clayton (1988) 164 CLR 539; Waimond Pty. Limited v Byrne (1989-90) 18NSWLR; Kennedy v the Council of the Incorporated Law Institute of New South Wales 13ALJ 563 DATES OF HEARING: 30/04/90 - 06/12/90 DATE OF JUDGMENT: 12/06/1990 LEGAL REPRESENTATIVES:

JUDGMENT:

The Solicitors' Statutory Committee

In the matter of Richard Charles Mochalski and in the matter of David Anthony McCarthy

Statement of Findings and Order

Before: Messrs D.E. Hunt (Chairman), J.I. Einfeld AM and Dr U. Gault

These matters were referred to the Solicitors' Statutory Committee pursuant to the provisions of Section 76 of the Legal Practitioners' Act 1898 ("the Act") by the Council of the Law Society of New South Wales ("the Law Society") at a meeting held on 3rd December 1987 for enquiry and investigation into the matters referred to in the Schedule to each Reference.