COURT OF APPEAL

Dominion, Volume 8, Issue 2419, 26 March 1915, Page 3

COURT OF APPEAL

AFTER THIRTEEN YEARS SOLICITOR RE-ADMITTED The Cour,t of Appeal sittings were resumed yesterday, the bench being occupied by their Honours tlie Chief Justice (Sir Robert Stout), Mr. Justice Denniston, Mr. Justice Cooper, and Mr. Justice Chapman. The first business before the Court was an application by Frederic Whitcombo for reaumissiou cw; a barrister and solicitor. Mr. C. P. Skerrett, K.C., with him Mr. E. F. Hadtield, appeared for the applicant, while Mr. A. Gray, K..0., with him Mr. D. R. Hoggard, appeared for the New Zealand Law Society, which body did not oppose the application. Wliitcombo and been struck off the roll in Western Australia in 1900 for misappropriation of a sum of money, belonging to a client, named Nathaniel Roscnstrcich. In 1902, Whitcombe had also been struck off tho roll in New Zealand. After hearing counsel yesterday, the Chief Justice said the Court had taken into consideration the length of time, which had elapsed since Whitcombe had been struck off the roll —13 years in New Zealand and 15 vears in Western Australia—and the affidavits showing what his conduct had been in the interval. In view of those circumstances and the fact that the Law Sociei; offered no opposition, the Court was of opinion that Whitcombe should be readmitted as a solicitor of this Court, but that, before the readmission should take effect, the appliuant should siun a declaration that the moneys due were still due notwithstanding the Statute of Limitations and should pay, within three months, the costs (15 guineas and disbursements) due to tho New Zealand Law Society at the time he was struck off. The Court added nothing about the costs due in Western Australia, fixed the costs of yesterday's application at seven guineas and disbursements. A WANGANUI CASE. A oase from Wanganui also ocoupied the attention of the Court. This was iiiv appeal from tbo decision of His Honour Mr. Justice Edwards, delivered in October last, in the case of Mary Parkes, widow, of Wanganui, and Arthur Zealand Wright, farmer, of Wanganui, v. the District Land Registrar, of Wellington. The Registrar had declined to register the dedication of Aiken Road and portion of Parkeß Avenue in the Parkes Estate', Wanganui, on the ground that the requiraments of Sub-section 2 of Section 116 of the Public Works Act had not been complied with. This stand was taken by tho Registrar because he was not satisfied that the owners of the estate had formed the roads to the satisfaction of the local authority. Mrs. Parkes and Wright then proceeded against the Registrar by summons' under Section 203 of the Laiid Transfer Act, 1908,. calling upon him to substantiate and uphold his Tefusal. Mr. Justice Edwards decided the case m favour of the Registrar, and the plaintiffs (Mrs. Parkes and Wright) appealed against this decision on tne ground that it was enoneous in law. Sir John Findlay, K C., with him Mr. 0. B. Collins, of Marton, appeared for ,the appellants, while Mr. C. P. Skerrett, f K;U., with him Mr. W. J. Treadwell, of Wanganui, appeared for the District Land Registrar. At 4.10 p.m. yesterday., legal argument had not concluded and tho case was therefore adjourned until naif-past 10 o'clock this morning.