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 engaged in professional misconduct by knowingly breaching a personal undertaking not to release a withdrawal of caveat until costs were resolved. The Tribunal rejected his claim that he subjectively believed the undertaking had been released, drawing the inference from surrounding facts that he knew it had not. In the penalty decision the Tribunal held that the knowing breach 'necessarily involved a degree of dishonesty.' The Committee sought striking off, but the Tribunal found he remained a fit and proper person and instead suspended him for six months, reprimanded him under s 439(d), and ordered him to pay costs of $8,367.

Duties found breached:

• Uphold public trust in the profession
• Honour professional undertakings

Aggravating factors:

• Undertaking was clear and unambiguous and its terms known to the practitioner
• Breach was knowing (deliberate) rather than reckless, involving a degree of dishonesty
• Practitioner received a benefit (securing settlement and later placating unhappy clients)
• Lack of remorse; denied misconduct and gave an explanation the Tribunal rejected
• Conduct not at the lower end of the range of seriousness for breach of undertaking

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 same position again
• Difficult situation created by an unreasonable demand from Mr Gough
• Financial hardship - practice not operating at a profit