Law Society of NSW v Kim [2012] NSWSC 1613

Supreme Court New South Wales

Medium Neutral Citation: Law Society of NSW v Kim [2012] NSWSC 1613 Hearing dates: 06/12/12 Decision date: 06 December 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) An order pursuant to s 630(2) of the Legal Profession Act 2004 appointing John Ernest Mitchell, Chief Trust Account Inspector, Receiver for the law practice known as STK Legal at Suite 2F, level 2, 913 Redmyre Road, Strathfield. (2) An order that the receiver within one month of this appointment, and thereafter from time to time, furnish to the Law Society of New South Wales, such reports of his receivership as the Society may require and that no further or other reports need be furnished by the receiver. (3) An order that all transactions involving the receipts or disposal of trust monies of clients of the law practice STK Legal be effected and transacted through the trust account of which John Ernest Mitchell has been appointed receiver. (4) Note that the Law Society gives an undertaking as to damages in the usual form. (5) An order that, until further order, the defendant and his servants or agents be restrained from removing or causing or permitting to be removed from the State of New South Wales or selling, charging, mortgaging, or otherwise dealing with or disposing of or causing or permitting to be sold, charged, mortgaged or otherwise dealt with or disposed of, all or any of his assets within the State of New South Wales provided that this order shall not prevent the defendant from paying his ordinary living expenses up to the sum of $1,000 per week. (6) An order that the defendant, within 21 days after being served with a copy of this order, is to deliver or cause to be delivered to the plaintiff, an affidavit sworn by him setting out the name and address of any bank, building society or other financial institution at which there is an account in any name upon which the defendant is entitled to operate in any capacity, together with all the particulars of such account known to the defendant, including the name of the account, the account number and the balance therein at the date of service of this order upon him. (7) Note the undertaking of the Law Society of New South Wales to pay any proper filing fees. (8) Grant leave for the summons dated 6 December 2012, as amended, to be filed in court. (9) Order that the balance of the orders sought in the summons stand over for directions to 9am on 7 February 2013 before the Registrar. (10) Grant both parties liberty to apply to the court on 72 hours notice. Catchwords: LEGAL PROFESSION - Appointment of Receiver - No point of principle Legislation Cited: Legal Professional Act 2004 Category: Principal judgment Parties: Law Society of New South Wales (P) Sung-Tae Kim (D) Representation: A Foord (P) Ex parte (D) File Number(s): 2012/379771