COURT OF APPEAL

Dominion, Volume 8, Issue 2532, 5 August 1915, Page 9

COURT OF APPEAL

AN UNUSUAL CASE

MATTERS REQUIRING EX-i

PLANATION

Judgment was delivered by tlio Court or Appeal yesterday afternoon in tho matter of ail application by John Edward Barltrop, of Eeilding, for admission to the Supreme Court of New Zealand as a solicitor. Tho Bench comprised Their Honours the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, and Mr. Justice Chapman. Sir John Fnidlay, K.C., with him Mr. D. , )? a.V, appeared for the applicant, and Mr. A. Gray, K.C., with him Mr; ". R. Hoggard, for tlio Law Society. \ ? a Pl l l )ca t , i° ll - had been opposed by the Law Society on the grounds: (1) I hat the applicant had practised as a solicitor without being duly qualified whilst ostensibly_ acting as tlie clerk of Philip Basil Atkinson; (2) that lio liad touted for tho, business of his late employer's clients with a view to obtaining same for his own personal advantage, to the detriment of the purchasers of the goodwill of his late employer's business; and on various other grounds. In delivering the judgment of the Court yesterday afternoon, the Chief Justice said: "Counsel for the applicant has informed the Court that lie asks leave to withdraw tho application for admission. v We do not) think tho matter can be disposed of by us in merely acceding to this request. The Court called attention at the hearing to tho applicant having filed no affidavit by Mr. P. B. Atkinson, his solicitor. Counsel for tlio applicant recognised tho necessity of this, and asked for an adjournment to 1 obtain this affidavit and to consider further charges that he said were new to him in order to complete his case. Counsel for the Law Society submitted that the charges wore comprehended in tho main charges put forward. The Court thinks it proper to state that as no such affidavit lias been filed, and as no attempt has been made to explain much that obviously needs explanation, ovcrything that can reasonably be inferred from the statements in tlio affidavits must now be inferred as against _ the applicant, and ought, in our opinion, be inferred hereafter. Wo must dismiss the application -with 20 guineas costs. The statements in the affidavits filed by Mr. Atkinson, as solicitor for applicant, together with thoso filed by tlio Law Society, disclose matters that in our opinion require the serious attention of the Law Society."