Decision record
MANRAJ SINGH KHOSA
Allegation / charges
Suspended
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:
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
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)
- Khosa v Legal Profession Complaints Committee [2017] WASCA
- 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.