Xie v Wen [2016] NSWCATOD 110

Xie v Wen [2016] NSWCATOD 110

Fees paid to WB Legal were wasted and constitute a loss caused by the respondent's misconduct in falsifying an affidavit, and in the interests of justice the applicant should be recompensed for these fees; for the fees paid to Goodwin & Co, half the amount is allowed as partially attributable to the misconduct, as supported by the findings.

Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Application for Financial Compensation Order Following Disciplinary Finding / Decision on the Papers
Outcome
Compensation order granted in part
Legal Topics
['legal Practitioner Misconduct' 'financial Compensation Orders' 'legal Profession Uniform Law' 'loss Caused by Professional Misconduct']
['professional Discipline'] ['legal Practitioner Misconduct' 'financial Compensation Orders' 'legal Profession Uniform Law' 'loss Caused by Professional Misconduct']

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Procedural Posture

Application for Financial Compensation Order Following Disciplinary Finding / Decision on the Papers

Legal Issues

  1. 1 ["Whether the applicant suffered 'loss because of the conduct concerned' within the meaning of Legal Profession Uniform Law s 309(1)(a)" 'Whether it is in the interests of justice to order compensation under s 309(1)(b)' 'The scope of compensable loss under the Uniform Law compared to previous statutory regimes' 'Whether specific heads of claimed loss are causally linked to the proven misconduct']

Ratio Decidendi

Fees paid to WB Legal were wasted and constitute a loss caused by the respondent's misconduct in falsifying an affidavit, and in the interests of justice the applicant should be recompensed for these fees; for the fees paid to Goodwin & Co, half the amount is allowed as partially attributable to the misconduct, as supported by the findings.

Court Disposition

Compensation order granted in part

Orders

  • ['That the respondent pay compensation to the applicant in the amount of $5,320, less the amount of any fees already refunded by WB Legal to the applicant prior to the date of this decision.']