MANRAJ SINGH KHOSA

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Mr Khosa, a legal practitioner, gave an unambiguous personal undertaking to a fellow practitioner not to release a withdrawal of caveat until costs were resolved, then released it before costs were paid. The Tribunal rejected his claim that he believed the undertaking had been released and found he knowingly breached the undertaking, constituting professional misconduct under s 403 and s 438. The Tribunal held that the knowing, deliberate breach necessarily involved a degree of dishonesty. Given his lack of remorse but that the conduct did not show he was unfit to practise, the Tribunal imposed a six-month suspension, a reprimand, and costs of $8,367, rather than striking him off.

Duties found breached:

• No baseless or threatened misconduct report
• Honour professional undertakings

Aggravating factors:

• Undertaking was clear and unambiguous and practitioner was in no doubt as to its terms
• Breach was knowing/deliberate rather than reckless (more serious than Detata)
• Practitioner obtained a benefit (ensuring settlement did not fall over) and then breached the undertaking, gaining further benefit of placating unhappy clients
• Lack of remorse; maintained a defence that the Tribunal rejected as implausible
• Undertaking secured costs and was important to the party to whom it was given

Mitigating factors:

• Conduct akin to an isolated act of misjudgment
• Character references pointing to good character
• Some insight shown - acknowledged importance of undertakings and undertook never to be put in the position again
• Practitioner justified in belief that Mr Gough's demand was unreasonable
• Difficult circumstances in which undertaking was given; unable to obtain client instructions
• Significant financial hardship (practice operating at a loss)