TRUST ACCOUNTS MUST RE AUDITED.

Star (Christchurch), Issue 19034, 1 April 1930, Page 11

TRUST ACCOUNTS MUST RE AUDITED.

CHIEF JUSTICE GIVES GENERAL WARNING. Per Press Association. WELLINGTON, April 1. The Appeal Court gave its decision to-day in the case of the Lafr Society v. George Mackay, solicitor, of Wellington. The Chief Justice (Sir Michael Myers) who delivered the decision, stated that the practitioner’s trust account had now been audited up to March 25 of this year and found to be correct, and in the circumstances the Court was of the opinion that the position would be sufficiently met by ordering Mackay to pay the Law Society’s costs. His Honor concluded: “But we desire to make it plain, first that the Law Society, as indeed it has recognised by the attitude it has taken up in the present case, has a duty in a matter of this kind; secondly that a practitioner will not be permitted to ignore the society in the performance of that duty; and thirdly that the Court, is not disposed to treat lightly conduct such as that for which the practitioner in this case has been brought before the Court.” Mackay was accordingly ordered to pay the Law Society’s costs, £ls 15s, and disbursements. Proceedings were brought by the New Zealand Law Society against George Mackay, solicitor, of Wellington, for having failed to have his trust account audited up to March 31, 1929. When the case was before the Court last week Mr von IFaast for the Law Society, said that the practitioner had failed to have his trust account audited and had been fined £SO for such. The Law Society had communicated with him and he had promised to have an audit undertaken, but took no steps until about the commencement of the present session of the Court of Appeal. The audit had been filed, but only up to March 31 last. Mr D. M. Bindlay, who represented Mackay, said that it was well known that he had not been attending to his practice, and his neglect to reply to the Law Society’s requisition was in accordance with this neglect of the whole of his work. An auditor had recently informed him that everything was now in order.