MANRAJ SINGH KHOSA

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:

• Uphold public trust in the profession

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)