LAW SOCIETY OF NEW SOUTH WALES v GLENORCY PTY LTD & ORS [2006] NSWCA 250

Reported Decision : 67 NSWLR 169

New South Wales Court of Appeal

CITATION: LAW SOCIETY OF NEW SOUTH WALES v GLENORCY PTY LTD & ORS [2006] NSWCA 250

HEARING DATE(S): 10 March 2006

JUDGMENT DATE: 12 September 2006

JUDGMENT OF: Mason P at 1; McColl JA at 85; Basten JA at 86

DECISION: Appeal allowed in part.

CATCHWORDS: EXTRA-TERRITORIALITY – Application of State legislation – Legal profession legislation – Solicitor admitted to practice in both New South Wales and Queensland – Living in New South Wales but office in Queensland – Client from New South Wales but entrustments deposited in Queensland bank – Failure to account – Misappropriation of funds – Whether sufficient connection with practice as a New South Wales solicitor – Whether claim permitted against New South Wales Fidelity Fund – Legal Profession Act 1987, ss 76, 79, 79C, 80, 80A, 86. - LEGAL PRACTITIONERS – Solicitors' Fidelity Fund – Claim against by client – Solicitor's failure to account - Whether claim permitted against New South Wales Fidelity Fund when failure occurred in Queensland. - DAMAGES – Compensation – Measure of – Solicitor's failure to account for moneys advanced by client – Advance made under mortgage lending scheme whereby solicitor to lend out moneys – Misappropriation of funds by solicitor – Solicitor remitting purported interest payments to client out of pocket or from other funds – Claim against Fidelity Fund – Whether claim to be reduced by interest payments received – Rule against double-compensation. (D)

Interpretation Act 1987 Legal Practitioners Act 1970 (ACT) LEGISLATION CITED: Legal Profession Act 1987 Legal Profession Amendment Act 1996 Legal Profession Act 2004 (NSW) Queensland Law Society Act 1952, s24(1C)