Law Society of New South Wales v Dzitars [2014] NSWSC 1545

Supreme Court New South Wales

Medium Neutral Citation: Law Society of New South Wales v Dzitars [2014] NSWSC 1545 Hearing dates: 20/10/2014 Decision date: 20 October 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to s 630(2) of the Legal Profession Act 2004, that Richard Stephen Savage be appointed receiver to the law practice known as Tereze V Dzitars situated at 29 Parkhill Avenue, Leumeah Heights NSW 2560 ("the law practice"). (2) 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 to 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 trust account of which Richard Stephen Savage has been appointed receiver. (4) Order that the defendant and her servants or agents are restrained from: (a) removing or causing or permitting to be removed from the State of NSW; 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 her assets within the State of NSW without first obtaining permission of the plaintiff provided that this order shall not prevent the defendant from paying her ordinary living and practice expenses up to a sum of $1000 per week. (5) Order that the defendant within 21 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 her 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 together with all the particulars of the account known to the defendant, including its name, number and balance at the date of service of a copy of this order upon her; (b) the name and address of any entity and/or person indebted to the law practice and/or the defendant at the date of service of a copy of this order upon her and the amount of the debt owed by that entity or person; (c) an itemised inventory of all business assets owned by the law practice and/or the defendant; (d) an itemised inventory of all 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) 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) 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) Order that the defendant pay the costs of this Summons. (9) Order that both parties have liberty to apply. (10) Order that these orders may be taken out forthwith. Catchwords: PROCEDURE - civil - interlocutory issues -appointment of receiver, application for - Legal Profession Act 2004, s 615(d) - irregularities in conduct of trust account - protection of the public - related orders Legislation Cited: Legal Profession Act 2004 Category: Interlocutory applications Parties: The Law Society of NSW (P) Tereze Vilhelmina Dzitars (D) Representation: Counsel: C Groenewigen (P) In person (D) File Number(s): 2014/294336