Decision record
MANRAJ SINGH KHOSA
Allegation / charges
Reduced Period of Suspension - State Administrative Tribunal orders in [2015] WASAT 107 (S) set aside. New orders substituted
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Mr Khosa, a WA solicitor, was found by SAT to have committed professional misconduct by knowingly breaching a personal undertaking to another practitioner (Mr Gough) not to release/lodge a withdrawal of caveat until costs were resolved. SAT imposed a 6-month suspension, reprimand, and costs of $8,367. On consolidated appeals, the Court of Appeal unanimously dismissed the appeal against the misconduct finding but, by majority (Murphy & Beech JJA; Buss P dissenting), allowed the penalty appeal, holding the 6-month suspension manifestly excessive. The Tribunal had found a degree of dishonesty in the knowing breach. The majority substituted a 2-month suspension, finding a fine inadequate given the deliberate, dishonest breach and lack of timely remorse, but that a short suspension sufficed for public protection and maintenance of professional standards.
Duties found breached:
Aggravating factors:
- Breach of undertaking was deliberate and knowing, not merely reckless
- Tribunal found a degree of dishonesty involved in the knowing breach
- Absence of demonstrated remorse; denied wrongdoing and gave explanation rejected by Tribunal
- Obtained a personal benefit by placating unhappy clients
- Conduct not at the lower end of seriousness for breaches of undertaking
Mitigating factors:
- Conduct akin to an isolated act of misjudgment with no relevant disciplinary history
- Undertaking demanded at the last minute; Mr Khosa justified in regarding the demand as unreasonable and could not obtain instructions
- No direct personal enrichment
- No loss suffered by the party to whom the undertaking was given
- Some degree of insight; acknowledged importance of undertakings and indicated he would not repeat
- Good character references and financial hardship (given limited weight)
Duties engaged
Other decisions involving this respondent
- Legal Services and Complaints Committee and Khosa [2023] WASAT 90, Legal Services and Complaints Committee and Khosa [2023] WASAT 90 (S)
- Legal Profession Complaints Committee v Khosa [2015] WASAT 107 (S)
- Legal Profession Complaints Committee v Khosa [2015] WASAT
- VR 37 of 2015
Matched by respondent name — may include a different person with the same name.