Kumar v Legal Services Commissioner [2015] NSWCA 161

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kumar v Legal Services Commissioner [2015] NSWCA 161 Hearing dates: 7 April 2015 Decision date: 17 June 2015 Before: Basten JA at [1]; Leeming JA at [2]; Sackville AJA at [117] Decision: Appeal dismissed, with costs. Catchwords: LEGAL PRACTITIONERS - disciplinary proceedings - solicitor removed from Roll for dishonest misappropriation of client's money and obstructing Legal Services Commissioner - whether Tribunal considered solicitor's case that the misappropriation was a mistake - finding of deliberate dishonesty upheld - whether Tribunal had failed to apply Briginshaw standard - whether solicitor was denied procedural fairness in not being permitted to issue further subpoenas - whether solicitor had reasonable excuse for hindering and delaying Commissioner's investigation - whether Commissioner's application in the Tribunal was duplicitous - whether s 674 of Legal Profession Act 2004 (NSW) created a single offence or two offences - whether each class of conduct alleged to amount to obstructing or hindering the Commissioner's investigation should have been the subject of a separate complaint - whether error in Tribunal's order removing his name from the Roll Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, cl 29 Evidence Act 1995 (NSW), s 140 Legal Profession Act 2004 (NSW), ss 525, 537, 540, 657, 670, 674 Supreme Court Act 1970 (NSW), ss 48, 75A Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: Dupal v Law Society of New South Wales [1990] NSWCA 56 Environment Protection Authority v Truegain Pty Ltd [2013] NSWCCA 204; 85 NSWLR 125 Ex parte Polley; Re McLennan (1947) 47 SR (NSW) 391 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; 209 CLR 478 Guss v Johnstone [2000] FCA 1455 Legal Services Commissioner v Kumar [2013] NSWADT 34 Legal Services Commissioner v Kumar [2014] NSWCATOD 45 Lovell v Lovell (1950) 81 CLR 513 Rockdale Beef Pty Ltd v Industrial Relations Commission of New South Wales [2007] NSWCA 128; 165 IR 7 Category: Principal judgment Parties: Vijay Kumar (Appellant) Legal Services Commissioner (Respondent) Representation: Counsel: D Pritchard SC, A Macauley (Appellant) NJ Beaumont SC, R Withana (Respondent)