STRUCK OFF THE ROLLS.

Auckland Star, Volume LXII, Issue 66, 19 March 1931, Page 10

STRUCK OFF THE ROLLS.

TWO AUCKLAND SOLICITORS. APPEAL COURT'S DECISION. CHARGES OF IRREGULARITY. (By Telegraph.—Own Correspondent.) WELLINGTON, this day. Several Irregularities in their professional practice were alleged in the Appeal Court yesterday against Ronald Gray Mason and Charles Ellis Waddingham, barristers and solicitors, of Auckland, and to-day the Court ordered that they be struck off the rolls. Action against them was taken by the New Zealand Law Society. An appeal for leniency was made by Mr. Singer on behalf of the The Court announced that it would give its decision within two days. Mr. von Haast, who, with Mr. Free, appeared for the Law Society, said the practitioners had failed to keep a separate trust account; they had made fictitious entries to mislead the auditoi; there had been shortages in their trust account; cheques had been dishonouied on numerous occasions; they had failed to have their trust account audited. Mr. von Haast mentioned that the Auckland Law Society had incurred an expense of £45 for special audit fees, and lie asked that the Court should direct this amount to be paid by the practitioners. Mr. Singer said he joined issue with Mr. von Haast when it was said that the practitioners had failed to have their trust account audited. The auditor had come in, but he had been unable to give a certificate. There had been no deliberate attempt to avoid having the account audited. The partners had been practising ever since the termination of the war, but lately through muddle and incompetence in bookkeeping, the bookkeeper having been dispensed with, the partners had fallen into deficiencies in their professional practice.

At no time really were the partners without resources so that they could not have made good any deficienev, and there wan no deficiency at present. Counsel said he realised that the Court would have to exercise its disciplinary powers but lie anked that whatever leniencv was possible should be shown.

In giving the decision of the Court, the Chief Justice, Sir Michael Myers, said the Court was unanimously of the opinion that the only course to be adopted was to strike the practitioners off the rolls, and that would accordingly be done. . Costs £15 15/ were allowed the Law Society, together with disbursements, which included a special audit fee of £45 3/.