7 Apr 2009
BHANABHAI V AUCKLAND DISTRICT LAW SOCIETY HC AK CIV 2008-404-5736
- Citation
- openlaw-63e8a924_fb40_4146_a2b9_96aaaa5b67b1.pdf
- Court
- High Court
The Court held the personal undertaking survived the civil proceedings and was not merged into the compensation judgment for disciplinary purposes; from 27 April 2007 the appellant deliberately failed to honour the undertaking despite an uncontested obligation of $300,000 plus interest and costs, such deliberate failure amounted to professional misconduct under r6.07 and s112; impecuniosity and reliance on counsel did not excuse the breach; the Tribunal's imposition of a censure was within the available range and not manifestly inadequate.