Decision record
Andrew Robb Currie
Allegation / charges
Failures, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Andrew Robb Currie, admitted 1986, faced allegations arising from eleven conveyancing transactions (1992-1993) in which he acted for both purchasers and institutional lenders. He failed to disclose material information (allowances, back-to-back sales, price discrepancies) to lending clients and acted in conflict of interest situations. The applicant expressly did not allege dishonesty or mortgage fraud; related criminal charges had not resulted in conviction or acquittal for technical reasons. The respondent admitted the two allegations. The Tribunal found conduct unbefitting a solicitor, describing a 'sausage machine' approach and slovenly paperwork, and ordered indefinite suspension from practice plus costs to be taxed if not agreed.
Duties found breached:
Aggravating factors:
- Eleven suspicious conveyancing transactions over about seven months, all bearing hallmarks of mortgage fraud
- Awareness of the Law Society's 'green card' warning on property fraud yet failed to act
- Failure to comply with specific lender instructions to disclose allowances/back-to-back sales
- Ignored an express reminder from vendor's solicitors (Hamlin Slowe) to disclose to mortgagee
- Slovenly paperwork; financial statements did not reflect reality; allowance mislabelled as 'deposit'
- Reports on title showing purchase prices inconsistent with sums actually paid
Mitigating factors:
- No allegation or finding of dishonesty or mortgage fraud
- Relatively young and inexperienced solicitor at the material time
- Admitted the allegations; allegations not contested
- Some lenders permitted incentives up to 5% without reporting, and in some cases ignored disclosed information
- Genuine embarrassment; resigned from firm in 1995 and did not renew practising certificate
- Suffered hardship, difficulty obtaining employment and incurred debt during lengthy delay in proceedings