Council of the Law Society of New South Wales v Webb [2013] NSWCA 423

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Webb [2013] NSWCA 423 Hearing dates: 18 October 2013 Decision date: 11 December 2013 Before: Meagher JA at [1]; Leeming JA at [29]; Simpson J at [30] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: LEGAL PRACTITIONERS - discipline - interpretation of Legal Profession Act 2004, s 497(1)(a) - respondent solicitor negligently failed to seek confirmatory instructions from clients in ten transactions in which same agent defrauding clients - Administrative Decisions Tribunal found respondent's conduct constituted unsatisfactory professional conduct - whether Tribunal erred in not characterising respondent's conduct as professional misconduct on the basis that it involved a "consistent failure to reach or maintain a reasonable standard of competence and diligence" - no error on part of Tribunal Legislation Cited: Conveyancing Act 1919, s 66W Legal Profession Act 1987 Legal Profession (Amendment) Act 1987 Legal Profession Act 2004, Pt 3.1 Div 3, Pt 2.3, ss 9, 22, 24, 25, 31, 494, 496, 497, 551 Cases Cited: Council of the New South Wales Bar Association v Asuzu [2011] NSWADT 209 In the matter of Spero Pitsikas (1995) 1 LPDR 5 Xu v Council of the Law Society of NSW [2009] NSWCA 430 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Appellant) Peter James Webb (Respondent) Representation: Counsel: S Barnes (Appellant) D A Lloyd (Respondent) Solicitors: Anne-Marie Foord (Appellant) Lighthouse Law Group (Respondent) File Number(s): 2012/379456 Decision under appeal Jurisdiction: 9113 Citation: Council of the Law Society of NSW v Webb [2012] NSWADT 114 Council of the Law Society of New South Wales v Webb (No 2) [2012] NSWADT 233 Before: M Chesterman, Deputy President J Currie, Judicial Member R Fitzgerald, Non-Judicial Member File Number(s): 112026