Legal Services Commissioner v Kumar [2014] NSWCATOD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v Kumar [2014] NSWCATOD 45 Hearing dates: 29 July 2013 Decision date: 05 May 2014 Before: JS Currie - Senior Member S Hale - Senior Member E Hayes, General Member Decision: 1.The name of the Respondent is to be removed from the Roll of Practitioners 2.The Respondent is to pay compensation to Mr Muhammad Malik in the amount of $3,000, on the basis that part-payments totalling $9,000 have been made. 3.The Respondent is to pay the costs of the Commissioner, as agreed or assessed. 4.Exhibits are to be returned. Catchwords: Professional misconduct established at principal proceedings ([2013] NSWADT34. Appropriate penalty. Deliberate dishonesty by Respondent. Not an isolated act. Lack of insight or contrition by Respondent. Respondent's character and fitness at time of hearing. Order for removal from the Roll. Compensation order. Costs order considerations. Legislation Cited: Legal Profession Act, 2004; ss 670(1),674. Cases Cited: A Solicitor v Law Society of NSW (2004) 216 CLR 253 at 264. Allinson v General Council of Medical Education and Registration [1894] 1 KB 750. Bannister v Walton (1993) 30 NSWLR 699 at 723-729. Barry John Penfold [1997] NSWLST 23 Colin Walter Peck, Unreported, Solicitors' Statutory Committee, 23 April 1981 Council of the Law Society of New South Wales v Bharati [2010] NSW ADT 159. Council of the Law Society of the ACT and Legal Practitioner "S" [2012] ACAT 29. Council of the New South Wales Bar Association v Nash (No.2) [2013] NSW ADT 64. Dupal v Law Society of New South Wales, Unreported, 26 April 1990, BC 9002508. Fraser v Council of the Law Society of New South Wales (unreported, Court of Appeal (NSW): Kirby P., Handley and Cripps JJA, 7 August 1992. Law Society of New South Wales v Doherty (No.2) [2009] NSWADT 296. Law Society of New South Wales v English [2011] NSW ADT 39. Law Society of New South Wales v Foreman, No.2 (1994) 34 NSWLR 408. Law Society of New South Wales v Goold [2001] NSW ADT 171. Law Society of New South Wales v Green [2001] NSWADT 142. Law Society of New South Wales v McCarthy [2003] NSWADT 1983. Law Society of New South Wales v McNamara (1980) 47 NSWLR 72. Law Society of New South Wales v McNamara [2007] NSW ADT 162 Law Society of New South Wales v Moulton [1981] 2 NSWLR 736 at 743. Law Society of New South Wales v Witherdin [2004] NSWADT 264. New South Wales Bar Association v Cummins (2001) 52 NSWLR 279. New South Wales Bar Association v Evatt (1968) 117 CLR 177 New South Wales Bar Association v Kalaf (NSW Court of Appeal, 11 October 1988, BC 8801429 at 1. New South Wales Bar Association v Maddocks NSWCCA 28 August 1988. Prothonotary v Del-Castillo [2001]NSWCA 35. Prothonotary v Richard ;NSWCC, 31 July 1987 per McHugh JA; Re A Barrister and Solicitor (1979) 40 FLR 1. Smith v NSW Bar Association (1992) 176 CLR 25. Category: Principal judgment Parties: Legal Services Commissioner (Applicant) Vijay Kumar (Respondent) Representation: NJ Beaumont SC (Applicant) D Pritchard SC (Respondent) LA Muston, Legal Services Commission (Applicant) TA Williams (Respondent) File Number(s): 112018