COURT OF APPEAL

Dominion, Volume 11, Issue 66, 11 December 1917, Page 7

COURT OF APPEAL

JUDGMENTS DELIVERED

A SOLICITOR STRUCK OFF THE

ROLLS

The Court of Appeal • yesterday delivered several judgments. Tho Chiei Justice (Sir Robert Stout) presided, and with him on tho benoh wero Mr. Justico Denniston and Mr. Justice Hosking.

CASE Ol<' J. R. LUNDON

The first of tho judgments dealt with tho case of John Raphael Lundon, bar* rister and solicitor, of Auckland. Lundon had boon brought before tho Court on an application by tho New Zealand Law Socicty to havo him struck off the rolls for professional misconduct. Tho society alleged that Lundon was guilty of the offence charged, in that he liad. made a gross overcharge of £100 against a client, Joseph Fletcher, labourer, of Auckland, for his services in obtaining .prepayment from tho National Bank of New Zealand at Newton of a sum of £500, lodged, by Fletcher on fixed deposit; and in that he had persistently failed, to account to Fletcher and his solicitors for moneys held by him in trust on behalf of Fletcher. Tho judgment of the Court was read by Mr. Justice Denniston. The Court held that Lundon's was inconsistent with his being permitted to remain a member of the profession. It was the duty of tho Court to protect a client from the kind of conduct that Lundon had been guilty of. There was no course open but to order him to be struck off tho rolls. Had the case left any doubt as to the proper penalty, tho Court would only have had to recall tho fact that a few years before it had been obliged to suspend Lundon from practice for an offence involving dishonesty.. Tho Law Socicty would be allowed costs. At the hearing, Mr. H. F. Von Haast appeared for the society, and Dr. Fitcliett and Mr. A. W. Blair for Lundon.

W. G. BEARD SUSPENDED

Tho case of another solicitor, William Gascoyno Beard, who was also charged with professional misconduct, was next disposed of. Tho allegations against Beard wero tho outcome of "his dealings with a Maori named Rangi Kerehoma, whom ho, in conjunction with one William Boyco Chennells, of Masterton, commission agent, was said to havo unduly and wrongly influenced in tho disposition of his property. The Court held that Beard was guilty of a breach of duty to his client, and that he was a participator in advantages gained at llangi's expenso through tho influence that Chennells had over Rangi. Beard had made reparation to Rangi, and ho was a solicitor'with forty years' practice behind him. Ho had been lain asido by illness, and tho Court on tho whole considered that suspension from practice for tlireo years would be sufficient punishment. The . question of costs was held over. At the hearing, Mr. Von Haast appeared for the society, and Mr. A. Gray, K.C., and Mr. M. Myers for Beard.

DISPUTE ABOUT A WILL,

Tho question for decision in tho case of tho Public Trustee against Sheath and others was whotlier, undef the will of ono Jessie Hall Bull, late of Napier, there was an intestacy as to part of tho cstato.

The Court decided that there was a partial intestacy, aud that tho estate tho late husband, whom Jessie Bull pro-doceased, was entitled to tho principal benefit. At tho hearing, Mr. Hay, of tho Public Trust Office, appeared for the Public Trustee; Sir John Findlay, K.C., and Mr. D. R. Hoggard for J. H. Sheath and other boneficiaries; and Mr. C. P. Skerrett, K.C., and Mr. Crombie for A. H. L. Bull, executor of tho will of tho late Frederick Bull (husband of tho testatrix). A LAND VALUATION. Tho Court dismissed an appeal against a decision of the Assessment Court, which sat at Taumarunui on September 10. Tho history of the case is, shortly, as follows: William Thomas, newspaper proprietor, of Taumarunui, in September appeared before the Assessment Court as an objector to the valuation made of section 7, Block VIII, and Lot 1 of section 8, Block VIII, Taumarunui. The Court ordered the unimproved valuation as assessed by the Valuer-General to be reducod by ten per cent. Thomas, tiowever, contended that the Court was wrong in upholding (as it did in its judgment) the method by which tho assessment was made. Mr. G. P. Finlay, who appeared for the appellant in the Court of Appeal, explained that Taumarunui was one of three townships of which the land was vested in the Waikato-Maniopoto Land Board as trustees for_ tho beneficial owners, who were Natives. Ha contended that the valuer and tho Assessment Court had wrongly made the assessment of the unimproved value as though tho owners were seized of an cstato in fee simple, free from all encumbrances and restrictions. There was in this case a restriction upon tho riglit of alienation, in that tlio consent of the Governor-General had to be obtained to any sale. The Valuer-General was represented by Mr. J. W. Salmond, K.C. (SolicitorGeneral). A WHANGAREI MATTER. Judgment was given also upon tho Whangarei case of Black and Mackenzie, wnich was removed from tho Supreme Court to the Full Court by Mr. Justice Cooper. In the Supreme Court, Ivan Black, farmer, residing in Marua, near Whangarei, proceeded against Alexander Gordon Mackenzie and Richard Sissons Mackenzie, of Otonga, whom ho charged with having instituted a malicious prosecution against him. The statement of claim alleged that on February 16 tho plaintiff was prosecuted In the Magistrate's Court at Whangarei upon a charge of stealing a cow, a call, and a heifer, tlio animals being then tho property of Richard Mackenzie. Tlio Mackenzies were both called as witnesses, and each alleged that tlio lattlo wero tho joint property of the two. After hearing the evidence for the prosecution, the Magistrate, without calling on the plaintiff, _ dismissed the information. Tlie plaintiff claimed from the Mackenzies, or from either of them, the sum of £1084 9s. _Bd. as damages for malicious prosecution. _ Tho defence to the claim consisted in a general denial of tho chargo of having maliciously prosecuted.^ The jury found a verdict for £384 9s. Bd. damages. Mr.-Justice Cooper refused to nonsuit tho plaintiff, ana removed the case to the Full Court, before which it came in tho form of the tlireo following motions, made on behalf of the defendants: that leave bo granted to extend tho time for giving notico to move for a new trial; that a new trial bo granted; that judgment be entered for the defendants. The Full Court decided that it must enter a verdict for the defendants, with costs on the lowest scale. At the hearing, Mr. C. P. Skerrett, K.C.. and Mr. R, A. Singer appeared for the plaintiff. Mr. J. R. Read, K.C., and Mr. Peacock appeared for tho defendants.