11 May 2011
DORBU V THE LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL HC AK CIV-2009-404-7381
- Citation
- openlaw-9e086355_99c2_4701_9c74_5fecb81a8dc0.pdf
- Court
- High Court
The High Court held the tribunal erred of law by treating factual findings of earlier courts as binding in relation to matters it was required to determine, contrary to Evidence Act s50 and the tribunal's duty to decide facts de novo where relevant; that error materially affected the tribunal's finding on charge 1 which was quashed and remitted for rehearing; the Court upheld the tribunal's findings on the remaining charges as open on the evidence; the penalty order was quashed and a further penalty hearing ordered or submissions invited following any rehearing.