ARCHITECT’S CLAIM

Dominion, Volume 24, Issue 188, 7 May 1931, Page 6

ARCHITECT’S CLAIM

Case Against Solicitor

WRONG PROCEDURE

“On this claim your remedy is obvious. You should have a proper bill of costs rendered to you, when you can obtain an order of the court for the taking of accounts by the registrar. That is your only form of action,” said Mr. Justice Reed in the Supreme Court yesterday when Oscar Jorgensen, architect, opened his case against P. B. Fitzherbert, solicitor, of Wellington, claiming £924, moneys which he alleged had been wrongfully withheld by the, defendant, and £750 ns general damages. The plaintiff appeared in person to conduct his case, and the defendant was represented by Mr. Willis. “I have no funds to employ a counsel on my behalf,” the plaintiff said when opening his address to the Bench. “I ask your Honour’s indulgence and, if necessary, your guidance.” His Honour said he had read the statement of claim. As far as the amount of £750 was concerned, the plaintiff would not be entitled to damages for non-payment 'of money—all that he would be entitled to was interest. His Honour advised the plaintiff that his proper course of action would be to secure the proper bill of costs nnd then ask for an order that the accounts be taken by the registrar. Plaintiff: The defendant has billed me for things I never instructed him to do. His Honour; That would be covered in the taking of accounts by the registrar.

“I do not profess to be a lawyer. I am a layman entirely,” said the plaintiff. “I know I have suffered a great injustice at the hands of the defendant. I am here to try nnd explain the position nnd prevent other members of the public from getting into the same difficulty.”

His Honour: That is your story, but the defendant seems to account for everything.

Plaintiff: I have been trying for three months to get accounts. Do I understand that I have no standing here? His Honour: You have a standing, but your proceedings have been wrongly conceived. Your remedy is in the taking of accounts.

Plaintiff: Then I cannot get nny further than I am now?

His Honour: You cannot, really. With his Honour’s permission, the plaintiff detailed that on March 16 last he had asked the defendant to provide him with a statement showing how the moneys he had received in the Dwan litigation had been disbursed, for the satisfaction of the Lower Hutt Court, where he (the plaintiff) had to appear on a judgment summons. The defendant had snid he was unnble to do that in such a short space of time, hut lie had written a letter, which the plaintiff had received when he was giving evidence in the witness box as to his financial position. Plaintiff read the letter to his Honour His Honour: Well, as I said before, the only thing you can do is to put the matter before the registrar. Mr. Willis, for the defendant, said his instructions were that both accounts and bill of costs had been given months ago, and he submitted that the proper procedure for the plaintiff to have taken was to have had costs taxed. The -defendant had had serious allegations made against him, fund he felt the position keenly. Counsel denied the allegations, and said that his instructions were to waive any irregularities in the plaintiff’s procedure, with liis Honour’s permission, and to give full assistance in enabling the court to arrive at its decision. He agreed that the proper way would be to refer the matter to the registrar. HU Honour made an order aooortUngly.