SOLICITOR HELD UNFIT TO PRACTICE

Chronicle (Levin), 18 January 1947, Page 4

SOLICITOR HELD UNFIT TO PRACTICE

Basil Hugh Hill was struck off the roll of solicitors by order of the State Full Court, Sydney, for his conduct of an undefended restitution suit. The Chief Justice (Sir Frederick Jordan) said that Hill had shown himself to be wholly

unfitted to practice as a solicitor. Sir Frederick -Jordan, said that Hill had acted for Alexander Douglas Mackenzie, of Tamworth, in a restitution suit against Bessie Irene Mackenzie, now of King Street, Sydney. Mackenzie, he said, swore an affidavit prepared by Hill, saying that he had posted a letter to his wife, asking her to return to him, a copy of which was annexed to the affidavit. It purported to be written at Tamworth to his wife at: a different address in Tamworth. The wife's reply, dated several day.s later, and also annexed to the affidavit, purported to be written from Armidale. At the hearing of the suit before Mr. Justice Bonney, Mackenzie gave evidence that he took his wife to Hill's office, then in Martin Place, and Hill prepared a letter, had it typed by his typiste, that he (Mackenzie) signed it, and handed b to Hill, who handed it to Mrs. Mackenzie in the office. The wife's reply was then dictated and typed in the office, said the Chief Justice. Both letters, added the Chief Justice, were apparently prepared by Hill or with his connivance. The Chief Justice said that Hill had sold his practice to a young solicitor returned from five years' war service, and had made a statutory declaration that it was unencumbered. It now appeared, said the Chief Justice, that Hill had given a Bill of Sale on his practice and office fittings, and £273 was still owing on it. , Hill's explanation, said the Chief Justice, was that he believed the company had lent him the money as a personal loan, and he did noi expect that the Bill of Sale would be enforced. It was possible that Hill might have been guilty of nothing '-worse than unbusinesslike blundering rather than deliberate fraud, but it was unnecessary to proceed to a decision on the point, as the court believed that he should be struck off the rolls for his conduct in the other matter. ~ . -