MANRAJ SINGH KHOSA

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

The State Administrative Tribunal (WA) found legal practitioner Manraj Singh Khosa guilty of professional misconduct for knowingly breaching a personal undertaking given to opposing practitioner Mr Gough not to release a withdrawal of caveat until costs were resolved. The Tribunal rejected Khosa's claim that he believed the undertaking had been released, drawing the inference he knew it had not. At penalty, the Tribunal held the knowing breach necessarily involved a degree of dishonesty, but found this did not render him unfit to practise. He was suspended for six months, reprimanded, and ordered to pay costs of $8,367.

Duties found breached:

• Uphold public trust in the profession

Aggravating factors:

• Knowing (not merely reckless) breach of an unambiguous undertaking, involving a degree of dishonesty
• Undertaking given to secure a benefit (ensuring settlement did not fall over), then breached once benefit received
• Further benefit received by placating unhappy clients
• Lack of remorse; denied misconduct and gave an explanation the Tribunal rejected
• Delay/failure to respond to Minter Ellison's requests for explanation

Mitigating factors:

• Conduct akin to an isolated act of misjudgment
• Character references pointing to good character
• Some degree of insight - acknowledged importance of undertakings and undertook not to repeat
• Difficult situation in which Mr Gough's demand for the undertaking was found to be unreasonable
• Financial hardship - practice operating at a loss