MANRAJ SINGH KHOSA

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

The State Administrative Tribunal found legal practitioner Manraj Singh Khosa guilty of professional misconduct for knowingly breaching a personal undertaking not to release a withdrawal of caveat until the issue of costs was resolved. The Tribunal rejected his claim that he subjectively believed the undertaking had been released, drawing the inference he knew it had not been. In the penalty decision the Tribunal expressly found the deliberate breach 'necessarily involved a degree of dishonesty.' Rather than striking off (as sought by the Committee), the Tribunal imposed a six-month suspension, a reprimand under s 439(d), and ordered costs of $8,367, finding he would be fit to resume practice after the suspension.

Duties found breached:

• Cease acting on client perjury or disobedience
• No baseless or threatened misconduct report

Aggravating factors:

• Undertaking was clear and unambiguous and the practitioner was in no doubt as to its terms
• Conduct was knowing/deliberate (more serious than reckless), involving a degree of dishonesty
• Practitioner obtained a benefit (securing the settlement and placating unhappy clients) then breached
• Lack of remorse - denied misconduct and maintained an implausible explanation the Tribunal rejected
• Conduct not at the lower end of the range of seriousness for breach of undertaking

Mitigating factors:

• Practitioner was justified in believing Mr Gough's demand for the undertaking was unreasonable
• Situation was difficult and akin to an isolated act of misjudgment involving the same client
• Some insight shown - acknowledged the importance of undertakings and undertook never to be put in that position again
• Positive character references
• Dire financial circumstances / practice operating at a loss
• An honest practitioner can make a serious mistake without being unfit to practise