CONFLICT IN BANKRUPTCY.

Evening Post, Volume LXXXI, Issue 54, 6 March 1911, Page 8

CONFLICT IN BANKRUPTCY.

COUNSEL'S COMPLAINT. When the matter of the application of George Pinnock, bankrupt, for a dis- ! charge came up for consideration at tne I bankruptcy sittings to-day, consequent on the opposition of the Official Assignee to the order being granted, there were some strong allegations made by the ! applicant's solicitor, Mr. A. L. Herd- ! man. Mr. W. H. D. Bell represented the Official Assignee. The discharge was applied for in the ■usual way, and when opposition was set up his Honour was handed the officer's report on which the opposition was based. His Honour: Have you read the report, Mr. Herdman? Mr. Herdman : Yes ; I read it her© this morning. His Honour previously said that Jie had not expected to take any opposed cases, as he had a Banco sitting fixed. Would the matter take long? Mr. Bell said it was only a- question of consideration of the report. Then Mr. Herdman proceeded to comment on the Assignee's conduct in the ma-bter, concluding with his report. "In connection with this report," declared Mr. Herdman, "it seems to me that the Official Assignee has all through, taken up a distinctly hostile attitude toward bankrupt, and has done so for no reason that I can see. He states that bankrupt has not assisted the office sufficiently in the winding-up of the estate. That was quite wrong, and quite unfair. Pinnock had always been willing to give information as to past transactions and to his property." Bankrupt, added counsel, was not a keen business man, and had no special business experience. His ability in this direction was not at all marked. The matter of the taxjeabs (referred to in the report, which was not available for reference) had been thoroughly threshed out when in the beginning a thorough investigation was made. Pinnock was examined by the Official Assignee himself under the provisions of the Act. The suggestion in the report now was that Pinnock had been guilty of dishonesty; the Official Assignee had practically determined that bankrupt liad been dishonest. " Such a suggestion," added counsel with some warmth, "is absolutely baseless." A well-known accountant in the city would be asked to testify as to the way Pinnock had kept his books. His Honour: "You suggest that the Official Assignee has not acted impartially in this matter; that he has been one-sided?" Mr. Herdman : " Yes, I do. It seems to me that he has not treated the matter fairly. He appears to have assumed Pinnock guilty of some crime." His Honour asked the value of certain whisky (referred to in the report) discovered afterwards. The Official Assignee: About £35. I do not know definitely, but £35 approximately. His Honour : " Was there any explanation given about liij*' The Official Assignee: " None at all." Mr. Herdman (to the Assignee) : Did you ask for any explanation? The Official Assignee replied that an explanation was sought, but not forthcoming. His Honour said he would rather not deal with the matter at present,. He thought the matter should be postponed ko that it might be seen how the estate panned out. Mr. Bell mentioned that the Official Assignee should be given a-n opportunity of being officially examined. His Honour 1 advised the postponement as_ suggested. Personally, he did not think the matter ripe for hearing. The Official Assignee suggested a stay of six months. Ultimately the application was adjourned for six months, the Official Assignee to be able to bring it up within that period if he were ready. Mr. Herdman intimated that he, at any rate, would revive the application at the end of six months. There the matter ended.

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