Richard Mitry [1997] NSWLST 22

Richard Mitry [1997] NSWLST 22

The Tribunal was not satisfied to the degree required by the gravity of the complaint that the written authority was signed in blank or that the Barrister withdrew Mr Baaini's appeal without appropriate instructions. The evidence of Mr and Mrs Baaini was unreliable in material respects, there were inconsistencies and lack of corroboration concerning the alleged blank signature, other circumstances were equivocal, and no motive for the alleged conduct was demonstrated.

Jurisdiction
Australia
Judgment Date
23 September 1997
Procedural Posture
Information Alleging Professional Misconduct / Hearing and Determination Before the Legal Services Tribunal of New South Wales
Outcome
Information dismissed.
Legal Topics
['alleged Withdrawal of Appeal Without Client Authority' 'alleged False Written Authority' 'professional Misconduct' 'civil Standard of Proof in Disciplinary Proceedings']
['legal Profession' 'professional Discipline'] ['alleged Withdrawal of Appeal Without Client Authority' 'alleged False Written Authority' 'professional Misconduct' 'civil Standard of Proof in Disciplinary Proceedings']

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Procedural Posture

Information Alleging Professional Misconduct / Hearing and Determination Before the Legal Services Tribunal of New South Wales

Legal Issues

  1. 1 ["Whether the Barrister withdrew Mr Baaini's appeal to the District Court without instructions." 'Whether the written authority to withdraw the appeal was signed by Mr Baaini in blank and later completed by the Barrister.' 'Whether the Tribunal was satisfied to the degree required by the gravity of the complaint that professional misconduct was established.']

Ratio Decidendi

The Tribunal was not satisfied to the degree required by the gravity of the complaint that the written authority was signed in blank or that the Barrister withdrew Mr Baaini's appeal without appropriate instructions. The evidence of Mr and Mrs Baaini was unreliable in material respects, there were inconsistencies and lack of corroboration concerning the alleged blank signature, other circumstances were equivocal, and no motive for the alleged conduct was demonstrated.

Court Disposition

Information dismissed.

Orders

  • ['Subject to any further order as to costs, the Information be dismissed.']