Legal Services Commissioner v Kumar [2013] NSWADT 34

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Kumar [2013] NSWADT 34 Hearing dates: 1 December 2011, 2, 3 and 4 April 2012, 31 July 2012, 1 August 2012 Decision date: 08 February 2013 Jurisdiction: Legal Services Division Before: J Currie, Judicial Member S Hale, Judicial Member E Hayes, Non-judicial Member Decision: The Respondent is guilty of professional misconduct as alleged in Grounds 1, 3 and 4 of the Application. The Tribunal orders that: 1. The matter be listed for Directions Hearing on 7 March 2013 at 9.30am. 2. The hearing of the compensation claim be adjourned to a date to be fixed. 3. The hearing and determination of further orders including costs be adjourned to a date to be fixed. Catchwords: Legal Profession Act 2004 - Professional Misconduct - Misappropriation of client moneys on settlement of a conveyance - Obstruction or misleading of an investigator - Alleged deliberate misleading of the Court and deliberate misleading of the Legal Services Commissioner - Compensation order Legislation Cited: Legal Profession Act 2004 Cases Cited: Allinson v General Council of Medical Education and Registration [1894] 1 KB 750 Council of the Law Society of NSW v Gray [2011] NSWADT 139 Johns v Law Society of NSW [1982] 2 NSWLR 1 Law Society of NSW v McNamara [1980] 47 NSWLR 72 Law Society of NSW v Moulton [1981] 2 NSWLR 736 Legal Services Commissioner v Thurairajah [2011] NSWADT 287 Re a barrister and Solicitor (1979) 40 FLR 1 Re a Practitioner (1984) 36 SASR 590 Texts Cited: Riley's Solicitors' Manual paras [35,045.1] and [35,065.5] Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Vijay Kumar (Respondent) Representation: N J Beaumont (Applicant) C Waterstreet (Respondent) L Muston, Office of the Legal Services Commissioner (Applicant) File Number(s): 112018