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[2013] SGHC 135 - Singapore Law Watch

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<strong>Law</strong> Society of <strong>Singapore</strong> v Kurubalan s/o Manickam Rengaraju [<strong>2013</strong>] <strong>SGHC</strong> <strong>135</strong><br />

done on the claim plus disbursements and applicable taxes. 8 Consequent to<br />

the negotiated settlement, a release and discharge agreement (“the Settlement<br />

Agreement”) was signed by the Complainant on 27 June 2011 9 and also by the<br />

Respondent as a witness. Next to his signature, the Respondent affixed a<br />

stamp with his name and designation as an Advocate and Solicitor. The<br />

Complainant’s lawyers had done well. The total settlement sum (“the<br />

Settlement Sum”) was A$3,250,000. The Respondent, who thought he stood to<br />

get 40% of this recovery, plainly thought he had done exceedingly well for<br />

himself. For a relatively modest outlay of time and money, he was looking to<br />

recover a sum of around A$1,200,000.<br />

14 In early July 2011, the Respondent spoke with the Complainant over<br />

the telephone. He invited her to open a joint bank account in both their names<br />

for the purpose of holding the Settlement Sum. The Respondent said that he<br />

would withdraw his name from the account once he had received his 40%<br />

share of the Settlement Sum. The Complainant discussed the Respondent’s<br />

request with her mother and then decided that she would not accede to it. On<br />

18 July 2011, Creevey Russell informed the Complainant’s mother that certain<br />

documents dated 31 May 2011 needed to be signed by the Complainant so that<br />

the Settlement Sum could be transferred from the insurer to Creevey Russell’s<br />

trust account in Australia and from there to a bank account to be nominated by<br />

the Complainant. The Complainant’s mother then realised that the documents<br />

had been dispatched earlier by Creevey Russell to the Respondent and that he<br />

had retained them. On 28 July 2011 she spoke to the Respondent and asked<br />

him about this, and it was only then that he forwarded the documents to her.<br />

8<br />

9<br />

RP vol 2 p 500.<br />

RP vol 2 p 503.<br />

8

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