Jacups v The Fidelity Fund Management Committee of the Law Society of NSW (No 2) [2022] NSWSC 1375

Jacups v The Fidelity Fund Management Committee of the Law Society of NSW (No 2) [2022] NSWSC 1375

The plaintiff failed to establish, on the balance of probabilities, that any trust money was not paid or delivered due to a default (involving fraud or dishonesty) by the solicitor within the meaning of s 219 of the Legal Profession Uniform Law (NSW); all disbursements were shown by evidence to be proper, and no constructive failure to exercise jurisdiction requiring remittal was made out.

Parties
Plaintiff: Graham Dudley Jacups; First Defendant: The Fidelity Fund Management Committee of the Law Society of NSW; Second Defendant: The Law Society of NSW
Jurisdiction
Australia
Judgment Date
13 October 2022
Procedural Posture
Appeal Under Legal Profession Uniform Law (nsw) S 247 / Final Merits Hearing and Judgment
Outcome
Summons dismissed, no order as to costs.
Legal Topics
Claims Against Fidelity Fund, Appeals From Fidelity Authority Decisions, Application of Transitional Legal Profession Legislation, Requirements for 'default' and 'pecuniary Loss' Under Uniform Law
Legal Profession Professional Negligence Claims Against Fidelity Fund Appeals From Fidelity Authority Decisions Application of Transitional Legal Profession Legislation Requirements for 'default' and 'pecuniary Loss' Under Uniform Law

Case Brief

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Parties

Graham Dudley Jacups

Plaintiff

The Fidelity Fund Management Committee of the Law Society of NSW

First Defendant

The Law Society of NSW

Second Defendant

Procedural Posture

Appeal Under Legal Profession Uniform Law (nsw) S 247 / Final Merits Hearing and Judgment

Legal Issues

  1. 1 Whether plaintiff suffered 'pecuniary loss' due to a 'default' under s 219 of the Legal Profession Uniform Law (NSW)
  2. 2 Whether the Fidelity Fund Management Committee erred by applying incorrect legislation
  3. 3 Whether there was any failure by the solicitor involving dishonesty or fraud

Ratio Decidendi

The plaintiff failed to establish, on the balance of probabilities, that any trust money was not paid or delivered due to a default (involving fraud or dishonesty) by the solicitor within the meaning of s 219 of the Legal Profession Uniform Law (NSW); all disbursements were shown by evidence to be proper, and no constructive failure to exercise jurisdiction requiring remittal was made out.

Court Disposition

Summons dismissed, no order as to costs.

Orders

  • The summons filed on 25 June 2021 is dismissed, with no order as to costs.