Council of the Law Society of NSW v Doherty (No. 3) [2011] NSWADT 284

Council of the Law Society of NSW v Doherty (No. 3) [2011] NSWADT 284

The Complainant is entitled to compensation for pecuniary loss directly caused by the Respondent's professional misconduct established in prior Tribunal findings. Compensation includes interest on misappropriated funds, relief from costs charged in relation to the Joint Venture Agreements, and reasonable costs relating to the compensation application and dealings with the Law Society. Costs associated with the Equity proceedings are not recoverable due to the conduct of the Complainant's solicitors and the provision of indemnity. Each party should pay its own costs for reserved interlocutory proceedings. There are no exceptional circumstances to preclude an order for the Respondent to pay...

Jurisdiction
Australia
Judgment Date
06 December 2011
Procedural Posture
Disciplinary Application and Compensation Claim / Determination of Compensation and Costs Following Findings of Professional Misconduct
Outcome
Orders for compensation and costs in part for the complainant; other claims dismissed.
Legal Topics
['compensation Orders' 'professional Misconduct' 'legal Costs' 'interest on Misappropriated Funds']
['legal Profession' 'professional Discipline'] ['compensation Orders' 'professional Misconduct' 'legal Costs' 'interest on Misappropriated Funds']

Case Brief

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Procedural Posture

Disciplinary Application and Compensation Claim / Determination of Compensation and Costs Following Findings of Professional Misconduct

Legal Issues

  1. 1 ["Whether compensation is payable for pecuniary loss suffered by the complainant due to the respondent's professional misconduct" "Scope and quantification of compensable 'loss' under the Legal Profession Act 2004" 'Entitlement to legal costs and interest as part of compensation' 'Allocation of costs for interlocutory proceedings and compensation application']

Ratio Decidendi

The Complainant is entitled to compensation for pecuniary loss directly caused by the Respondent's professional misconduct established in prior Tribunal findings. Compensation includes interest on misappropriated funds, relief from costs charged in relation to the Joint Venture Agreements, and reasonable costs relating to the compensation application and dealings with the Law Society. Costs associated with the Equity proceedings are not recoverable due to the conduct of the Complainant's solicitors and the provision of indemnity. Each party should pay its own costs for reserved interlocutory proceedings. There are no exceptional circumstances to preclude an order for the Respondent to pay...

Court Disposition

Orders for compensation and costs in part for the complainant; other claims dismissed.

Orders

  • ['The Respondent is to pay interest on the sum of $35,000 totalling $4,761 to the Complainant within 14 days of this determination pursuant to Section 271(2)(a) of the Legal Profession Act 2004.' 'The Complainant is entitled to relief against the Respondent concerning all costs with respect to the Joint Venture...