The Law Society of New South Wales v Samaan [2013] NSWSC 1144

Supreme Court New South Wales

Medium Neutral Citation: The Law Society of New South Wales v Samaan [2013] NSWSC 1144 Hearing dates: 16 August 2013 Decision date: 16 August 2013 Before: Adamson J Decision: (1) An order pursuant to s 630(2) of the Legal Profession Act 2004 appointing John Ernest Mitchell receiver for the law practice known as Samaan & Associates Lawyers (the Law Practice) situated at Suite 3, Level 6, 402-410 Chapel Road Bankstown NSW 2200. (2) An order that the receiver, within one month of appointment and from time to time afterwards, furnish to the plaintiff as it requires, reports of the receivership and that no further or other reports need be furnished by the receiver. (3) Subject to the plaintiff giving an undertaking as to damages, an order that all transactions involving the receipt or disposal of trust moneys of clients of the Law Practice be effected and transacted through the law practice bank accounts of which John Ernest Mitchell has been appointed receiver. (4) An order that the defendant and his servants or agents are restrained from: (a) removing, or causing or permitting to be removed from the State of New South Wales; and (b) selling, charging, mortgaging or otherwise dealing with or disposing of; and (c) causing or permitting to be sold, charged, mortgaged or otherwise dealt with or disposed of, 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 $1000.00 per week. (5) An order that the defendant within 14 days of being served with a copy of this order, deliver or cause to be delivered to the plaintiff an affidavit sworn or affirmed by him setting out: (a) The name and address of every bank, building society or other financial institution at which there is an account in any name that the defendant is entitled to operate in any capacity, (the Account), together with all the particulars of the Account known to the defendant, including the name, number and balance of the Account at the date of service of a copy of this order upon him; (b) The name and address of any person or entity indebted to the Law Practice and/or the defendant at the date of service of a copy of this order upon it and/or him and the amount of the debt owed by that person or entity; (c) An itemised inventory of all business assets owned by the Law Practice and/or the defendant; (d) An itemised inventory of any other property, whether real or personal, owned by the Law Practice and/or the defendant or in respect of which the Law Practice and/or the defendant has an interest; and (e) In respect of any of the property referred to above, whether it has been given as security for any debt, and if so, the nature of the security and the debt secured. (6) An order that the defendant pay to the plaintiff a sum equal to the legal costs and expenses that may be incurred by the receiver in relation to the receivership. (7) An order that the defendant pay to the plaintiff a sum equal to any fees paid by it to the receiver by way of remuneration. (8) An order that the defendant pay the costs of this summons. Catchwords: LEGAL PRACTITIONERS- application to appoint receiver to legal practice Legislation Cited: - Legal Profession Act 2004, s 630(2) Category: Interlocutory applications Parties: The Law Society of New South Wales (Plaintiff) Rabie Samaan (Defendant) Representation: Counsel: CM Groenewegen (solicitor)(Plaintiff) No appearance for the Defendant Solicitors: The Law Society of New South Wales (Plaintiff) File Number(s): 2013/247309 Publication restriction: Nil