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Singh v Jamnadas [2020] FJILSC 3 (17 March 2020)

IN THE INDEPENDENT LEGAL SERVICE COMMISSION
AT SUVA

ILSC CASE NO. 002 OF 2018

BETWEEN : AKESH RANU SINGH

APPLICANT

AND : DILIP JAMNADAS

RESPONDENT

Counsel: Applicant in Person

Mr A Jamnadas for the Respondent

Date of Hearing: 21 November 2019
Date of Decision: 17 March 2020

DECISION

[1] Mr Akesh Ranu Singh brought this disciplinary proceeding against the legal practitioner, Mr Dalip Jamnadas after his complaint was summarily dismissed by the Chief Registrar. Mr Singh’s principal complaint is that Mr Jamnadas owes him money arising from a conveyancing transaction that occurred in 1984. Mr Singh claims that he was the vendor and Mr Jamnadas acted for him as his solicitor. Following that conveyancing transaction, Mr Singh migrated to live in Australia and had been living there for more than two decades. He told the Commission that he was too occupied settling in Australia to explain the delay in pursuing his complaint against Mr Jamnadas.

[2] The proceeding against Mr Jamnadas was filed by Mr Singh’s new solicitor but that solicitor withdrew his representation before hearing. Thereafter, Mr Singh was unable to secure legal representation and the case proceeded to hearing with Mr Singh representing himself. At the hearing, Mr Singh offered no evidence to substantiate his allegations against Mr Jamnadas.

[3] After the conclusion of the hearing Mr Singh wrote to the Commission withdrawing his complaint against Mr Jamnadas.

[4] The allegations are no doubt stale. Both Mr Singh and Mr Jamnadas were prejudiced by the delay. There are no documents to support Mr Singh’s claims or to refresh the memories of the parties. In these circumstances, Mr Singh’s decision to withdraw his allegations against Mr Jamnadas is a reasonable decision.

[5] The complaint against Mr Jamnadas is dismissed and the proceeding is terminated.

[6] A copy of this decision is to be served on both parties.

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Justice Daniel Goundar
COMMISSIONER