COURT OF APPEAL

Otago Witness, Issue 3619, 24 July 1923, Page 47

COURT OF APPEAL

WELLINGTON, July 20. The Court of Appeal this afternoon heard further argument in the ease of an application by llie New Zealand Law Society to strike Archibald 1 .yon Denniston off the rolls of barristers and solicitors. The case was adjourned from the last session of the Court of Appeal in order that further affidavits might, be filed as to the position of Denniston’s trust account, Mr Von Haast, for the Law Society, said the evidence showed that there should at all times under review have been at least £64 10s 3d in Denniston’s trust account, and this amount had not been there for a considerable period. Air Johnston, for Denniston, said it was to be noted that no one had suffered from any shortage in his client’s trust account. The evidence did not substantiate the case put forward by the Law Society. Denniston had suffered from the defalcations of a dishonest accountant. The shortage of £64 10s 3d was accounted, for by the fact that when Denniston became aware of the shortage in his trust account he had in error not paid in enough to meet the shortage. Mr Blair also addressed the court on behalf of Denniston, maintaining that none of his actions amounted to professional misconduct. Decision was reserved. In the case affecting the right of persons to import Victor gramophone records from America for private use, the Full Court upheld the judgment in the S.M. Court that no false trade description had been made, and dismissed the Customs Department’s appeal. The court, however, expressed the opinion that if different ground had been taken, lire Collector of Customs would have been entitled to an order of condemnation. The Court of Appeal continued the adjourned hearing of the application by the appellant for leave to appeal against his conviction in the case of McDonald v. King. The case had been adjourned in order to enable Mr P. S. K. Macassey (Crown Prosecutor) to be present and to give the Court information as to certain facts. After hearing Mr Macassey, the Court reserved its decision.