Council of the Law Society of NSW v Doherty (No. 3) [2011] NSWADT 284

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Doherty (No. 3) [2011] NSWADT 284 Hearing dates: 14 September 2011 Decision date: 06 December 2011 Jurisdiction: Legal Services Division Before: Justice W Haylen - Deputy President M Riordan - Judicial Member C Bennett - Non Judicial Member Decision: 1.The Respondent is to pay interest on the sum of $35,000 totalling $4,761 to the Complainant within 14 days of this determination pursuant to Section 271(2)(a) of the Legal Profession Act 2004; 2.Further, pursuant to Section 271(2)(a) the Complainant is entitled to relief against the Respondent concerning all costs with respect to the Joint Venture Agreements, which was the subject of an Application for Assessment and Review; 3.The Respondent is to pay the Complainant's costs with respect to the Application for Compensation, including the reasonable costs of giving initial instructions and obtaining legal advice in relation to the Complainant's dealings with the Law Society of New South Wales prior to the suspension of the Respondent's Practising Certificate and prior to the commencement of the substantive disciplinary proceedings against the Respondent; 4.In relation to the interlocutory proceedings in which Molloy JM reserved costs, we order that each party should pay its own costs. 5. All other claims for compensation are dismissed. Catchwords: Disciplinary application -solicitor - claim for compensation by complainant Legislation Cited: Legal Profession Act 2004 Cases Cited: Council of the Law Society of New South Wales v Vaughan (No. 2) - [2011] NSWADT 260; Council of the Law Society of New South Wales v Doherty - [2009] NSWADT 155; Council of the Law Society of New South Wales v Doherty (No. 2) - [2009] NSWADT 296; Council of the Law Society of New South Wales v Doherty - [2010] NSWCA 177; Law Society of New South Wales v Hill - [2002] NSWADT 190; Legal Services Commission -v- Musgrave [2000] NSW ADT 149; In the matter of Radin [1993] NSWLST 19 Category: Interlocutory applications Parties: Geoffrey Mark Rafter (Complainant) Peter John Doherty (Respondent) Representation: Counsel C Vindin with T Lee (Complainant) S Bliim (Respondent) David Landa Stewart - Complainant P Doherty (Respondent in person) File Number(s): 082029