NSW Caselaw
New South Wales Supreme Court
CITATION : The Law Society of New South Wales v William Daniel Clapin [2007] NSWSC 1096
HEARING DATE(S) : 21 September 2007
JUDGMENT DATE : 25 September 2007
JUDGMENT OF : Harrison J
DECISION : ORDER that pursuant to s 630(2) of the Legal Profession Act 2004 Jean Sayer be appointed receiver of the Law Practice known as W D Clapin, Level 8, 309 Pitt Street, Sydney.
CATCHWORDS : LEGAL PRACTITIONERS - solicitor - application by plaintiff for appointment of receiver – receiver appointed
LEGISLATION CITED : Legal Practitioners Act 1898 Legal Profession Act 1987, Legal Profession Act 2004 - ss 263, 270, 615, 616, 630, 633, 645
CASES CITED : Law Society of New South Wales v Foreman (1994) 34 NSWLR 408 The Law Society of New South Wales v Dennis (Yeldham J, 20 December 1978, unreported)
PARTIES : The Law Society of New South Wales (plaintiff) William Daniel Clapin being the principal of W D Clapin - a Law Practice (defendant)
FILE NUMBER(S) : SC 014727 of 2007
COUNSEL : R R Stitt QC (plaintiff) T M Lynch (defendant)
SOLICITORS : Raymond John Collins, solicitor for The Law Society of New South Wales (plaintiff) T A Williams (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HARRISON J
25 September 2007
014727 of 2007 The Law Society of New South Wales v William Daniel Clapin
JUDGMENT
Introduction 1 On 14 September 2007 the Council of the Law Society of New South Wales ("the Council") passed the following resolutions: - "RESOLVED that pursuant to the provisions of Section 504 of the Legal Profession Act 2004 ["the Act"], the following complaints be made against WILLIAM DANIEL CLAPIN ["the Solicitor"]:
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