LAW SOCIETY’S SUPPORT

Press, Volume CIX, Issue 32145, 14 November 1969, Page 10

LAW SOCIETY’S SUPPORT

(N.Z, Press Association) WELLINGTON, Nov. 13. The president of the New Zealand Law Society, Mr D. McGrath, today issued a statement headed “Law Society Supports Member.” Mr McGrath’s statement reads: “On June 26, in the Supreme Court at Christchurch, Mr Justice Wilson severely criticised Mr I. A. Arthur, an Invercargill barrister and solicitor, in respect of his opposing on behalf of his client an application for the taking of evidence of a witness departing overseas before trial. “Mr Arthur was not present

lin Court at the time, having ■ instructed Christchurch coun[sei to represent his client. “The judge expressed the [view that the application ! should have been consented [to, that the opposition to it [was obstructive, frivolous and discourteous to the Court, and ordered that Mr Arthur should personally pay the cost of the application. “Mr Arthur appealed to the Court of Appeal in respect of the order made against him and his appeal was allowed on the ground that he had no opportunity to answer the criticism before the order was made. In their judgments the members of the Court of Appeal stated that in the papers placed before them there was nothing to indicate that Mr Arthur had been guilty of misconduct.

“After the decision of the Court of Appeal, the Southland District Law Society requested the New Zealand Law Society to make enquiry into this matter. Having done so, the council of the New Zealand Law Society is satisfied that Mr Arthur’s conduct in the proceedings was entirely proper and in no way contrary to his responsibilities as a member of the profession.

“In view of the widespread publicity given in the press to the criticism in the Supreme Court at Christchurch, it has been thought appropriate to issue this statement to remove any remaining doubt there may be concerning the propriety of Mr Arthur’s conduct in this matter.”