Legal Practitioner Complaints Committee v Pillay

The Legal Practitioner Complaints Committee initiated proceedings against Mr Pillay in the Legal Services Tribunal, alleging he had engaged in unprofessional conduct. The primary issues were whether Mr Pillay had failed to lodge income tax returns, make provision for the payment of income tax, and pay income tax over a number of years. Additionally, the Tribunal considered whether it should make a report to the Supreme Court and whether an appropriate disciplinary consequence could exceed the orders available to the Tribunal. The Tribunal also addressed an application for a suppression order in relation to Mr Pillay's personal circumstances.

The Tribunal found Mr Pillay guilty of unprofessional conduct. It concluded that he failed to lodge income tax returns for the financial years 1991-1992 to 1996-1997, and did not make provision for income tax for the financial years 1991-1992 to 1998-1999. Furthermore, he failed to discharge his legal or civic obligations to pay income tax for the financial years 1991-1992 to 1998-1999. Mr Pillay was also found to have failed to pay provisional tax and instalments of provisional tax for the financial years 1997-1998 to 1999-2000. The Tribunal took into account Mr Pillay's chronic post-traumatic stress disorder and his personal circumstances, but found that these did not excuse his failure to meet his obligations. The Tribunal held that it had the power to make a report to the Supreme Court and that the appropriate disciplinary consequence did not exceed the orders available to the Tribunal.

The Tribunal imposed a 12-month suspension on Mr Pillay, effective from 1 January 2007 to 31 December 2007. Mr Pillay was also ordered to pay the costs of the Legal Practitioners Complaints Committee. The Tribunal refused the application for a suppression order in relation to Mr Pillay's personal circumstances.

The Tribunal made the following orders:

1. Mr Pillay is found guilty of unprofessional conduct.
2. Mr Pillay is suspended from practice for 12 months.
3. Mr Pillay must pay the costs of the Legal Practitioners Complaints Committee.
4. The parties may apply to the President regarding the commencement date of the suspension order and costs if necessary.