SOLICITOR SUSPENDED

New Zealand Times, Volume L, Issue 11583, 28 July 1923, Page 4

SOLICITOR SUSPENDED

FOR IMPROPER DEALING. JUDGE’S COMMENTS. The decision of the Court of Appeal in the case of Archibald Lyon Denniston and the New Zealand Law Society was delivered by Mr Justice Hosking yesterday, when His Honour intimated that Dennis ton, who is a barrister and solicitor practising at Auckland, would be suspended for a period of four months. After dealing with the history of the case, and referring to an account with the executors of tlie estate of a man named Miller, which formed the basis of a charge against Denniston, His Honour concluded by remarking:—“We can but conclude that the trust account was drawn upon without regard to the obligation to Miller’s trustees to have available for them when they called for it a sum of at least £64 10s 3d. This is an improper dealing with trust feuds, and cannot be passed over without some discipline being exercised by the court. Taking into consideration that tho moneys due to Miller’s executors have now been fully accounted for, hut only after a judgment had been recovered by them and notice of the position had been given to the Law Society, and also taking into consideration the substantial costs which he will have to pay to the law society—the amount of which has, we think, been increased by his %wn lachesir-the case will be met by suspending Archibald Lyon Denniston from practice both as a barrister and solicitor for a period of four calendar months from this date.” An order was made accordingly. He was also ordered to pay to the Auckland Law Society the costs of and incidental to the proceedings, to be taxed by the registrar at Auckland as between solicitor and client. The other members of the court were Mr Justice Stringer and Mr Justice Adams, both of whom concurred. Mr H. F. von Haast appeared foT the New Zealand Law Society at the proceedings, ahd Mr 11. F. Johnston and Mr A. W. Blair for Denniston.