SOLICITOR’S TRUST ACCOUNT

Greymouth Evening Star, 13 July 1931, Page 3

SOLICITOR’S TRUST ACCOUNT

SEQUEL TO ’QUAKE DAMAGE [per press association.] WELLINGTON, July 13. Allegations made by the Law Society that Walter Hislop, barrister and solicitor, Napier, failed to account to a client for a certain sum of money held for that client, and failed to keep trust moneys in a proper trust account, came before the Court of Appeal, this morning. The Court consisted of Chief Justice Myers, Justices Herdman, MacGregor and Kennedy.

Mr. E. P. Hay, counsel for Hislop, said, prima facie, it might appear that |an offence had been committed by Hislop, but the actual circumstances disclosed a complete absence of dishonesty on his part. Hislop received a sum of money on behalf of a lady client, on discharge of a mortgage, under ■which she was mortgagee and banked that money in his trust account, bewteen December 17, 1930 and February 3, 1931. He did not bank again, and during that time drew against the said sum, cheques in favour of other clients, holding in his office unbanked money sufficient to cover the cheques paid out. When the earthquake came, the sum of £5OO was in the office, and that was destroyed. He accordingly was unable t'o pay his client in full, the amount which he had received on her behalf.

The Court intimated that the facts before it were not sufficient to enable it. to deal with the explanation by the practitioner, and gave Mr. Hay the option of taking an adjournment to Friday, to adduce further facts. This was accepted and the Court adjourned.