Ho v Berger [2019] NSWCATOD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ho v Berger [2019] NSWCATOD 128 Hearing dates: 15 May 2019 Date of orders: 15 May 2019 Decision date: 22 August 2019 Jurisdiction: Occupational Division Before: Hon G Mullane ADCJ, Principal Member M Riordan, Senior Member E Hayes, General Member Decision: 15 May 2019:

(1) The Applicants are to file and serve a list of expenses incurred within14 Days. (2) The Respondent is to file and serve any objections within 7 days of receipt of the list. (3) The Respondent must pay the Applicant, Tessalonica Ho, within 7 days $25,000.00 by way of compensation. (4) The Respondent must pay the Applicant, Andrew Ho, within 7 days $25,000.00 by way of compensation.

22 August 2019:

(5) The Respondent must pay to the Applicant, Andrew Ho, the sum of $1,180.60 towards his costs of or incidental to these proceedings; and (6) The Respondent must pay to the Applicant, Tessalonica Ho, the sum of $ 1,007.60 towards her costs of or incidental to these proceedings. Catchwords: Professions and trades, Solicitor stakeholder, unethical and fraudulent dealing with deposit, unsatisfactory professional conduct, or professional misconduct, resulting in loss to aggrieved person. Compensation order by Tribunal. Legislation Cited: Legal Profession Act, 2004; Legal Profession Uniform Law (NSW); Legal Profession Uniform Law Application Act (2014) Civil and Administrative Tribunal Act 2013 Cases Cited: None cited Texts Cited: None Cited Category: Principal judgment Parties: Andrew H Ho (First Applicant) Tessalonica Ho (Second Applicant) Victor Berger (Respondent) Representation: Solicitors: First Applicant (Self Represented) Second Applicant (Self Represented) Respondent (Self Represented) File Number(s): 2018/00122174 Publication restriction: Nil