Legal Services Commissioner v Kumar [2013] NSWADT 34

Legal Services Commissioner v Kumar [2013] NSWADT 34

The Respondent is guilty of professional misconduct as alleged in Grounds 1 (obstructed/misled investigator), 3 (misled Commissioner regarding whereabouts), and 4 (misappropriated $12,000 of client funds), as his conduct was dishonest, without reasonable excuse, and such as to be regarded as disgraceful or dishonourable by solicitors of good repute.

Parties
Applicant: Legal Services Commissioner; Respondent: Vijay Kumar
Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Professional Misconduct Disciplinary Tribunal Hearing / Liability Phase; Penalty and Orders (including Costs and Compensation) Adjourned
Outcome
The Respondent is found guilty of professional misconduct on Grounds 1, 3 and 4; Ground 2 was not made out. Further orders including penalty, compensation and costs are adjourned for hearing.
Legal Topics
Professional Misconduct, Misappropriation, Obstruction of Investigation, Misleading Commissioner
Legal Profession Professional Misconduct Misappropriation Obstruction of Investigation Misleading Commissioner

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Parties

Legal Services Commissioner

Applicant

Vijay Kumar

Respondent

Procedural Posture

Professional Misconduct Disciplinary Tribunal Hearing / Liability Phase; Penalty and Orders (including Costs and Compensation) Adjourned

Legal Issues

  1. 1 Whether the respondent misappropriated client funds constituting professional misconduct
  2. 2 Whether the respondent obstructed or misled an investigator constituting professional misconduct
  3. 3 Whether the respondent deliberately misled the Commissioner or Court about his whereabouts constituting professional misconduct

Ratio Decidendi

The Respondent is guilty of professional misconduct as alleged in Grounds 1 (obstructed/misled investigator), 3 (misled Commissioner regarding whereabouts), and 4 (misappropriated $12,000 of client funds), as his conduct was dishonest, without reasonable excuse, and such as to be regarded as disgraceful or dishonourable by solicitors of good repute.

Court Disposition

The Respondent is found guilty of professional misconduct on Grounds 1, 3 and 4; Ground 2 was not made out. Further orders including penalty, compensation and costs are adjourned for hearing.

Orders

  • The matter be listed for Directions Hearing on 7 March 2013 at 9.30am.
  • The hearing of the compensation claim be adjourned to a date to be fixed.