COURT OF APPEAL

Dominion, Volume 11, Issue 21, 19 October 1917, Page 8

COURT OF APPEAL

APPLICATION TO STRIKE OFF ROLLS

HEARING CONCLUDED

The Court of Appeal yesterday mornin» concluded the hearing of .the application by the New Zealand Law Society to strike'oft' the rolls of barristers and solicitors John Raphael Lundon, of Auckland. The Chief Justice, Sir Robert Stout, presided, and with him on the bench were Mr. Justice Denniston, Mr, Justice Cooper, Mr. Justice Chapman, and Mr. Justice Hosking. The Law Society alleged that Luntiou had been guilty of professional misconduct, in that he made a gross overcharge of .£IOO against a client, Joseph Fletcher, of Auckland, labourer, for his services in obtaining prepayment from the National Bank of New Zealand at Newton a sum of .£SOO, lodged by Fletcher on fixed deposit; and in that he persistently failed to account to Fletcher and his solicitor for moneys held by him in trust on behalf of Fletcher, from November, 1915, to March 28, 1916, though repeatedly requested in writing to do so. Mr. H. F. Von Haast appeared for the Law Society and Dr. Fitchett and Mr. A. W. Blair for Lundon. Mr. Blair resumed his argument, and proceeded to contend that London was quite within his rights in refusing to give particulars regarding the money, as it was virtually ft loan. Mr. Von Haast, in reply, said that it was a most astounding proposition to contend that a solicitor might refuse to furnish an account when called upon by a client to do so. Lundon had violated the first principles of the relation between solicitor and client. At the time of the payment of the JICO fee the work it was proposed to do was of the simplest character, and such a fee could only be looked upon as a. gross overcharge. Counsel submitted; that an unconscionable bargain hud been made, and one of a kind that no reputable solicitor should make with a client. The Court stated that it would lake time to consider its decision. A COALMINER'S CLAIM. The Chief Justice, Mr. Justice Cooper, and Mr. Justice Hosking, .sitting as a Full argument upon a caso removed from the Supreme Court by Mr. Justice Sim. It had originally been heard iu tho Warden's Court, and then in tho Supreme Court, and a verdict had been returned for tho plaintiff for .£3OO damages, tho full amount claimed in, an action arising out of an accident. The plaintiff in tho Supremo Court was John. Wattorson, of Ngakawan (near Westport), coalminer, and (ho defendaut the Westport-Stockton Coal Company, Ltd. • Tho plaintiff alleged that in September, 1916, he was brakesman on a truck: train'going from the tunnel mouth (o l,ho coal face. While ho was acting in the course of his duties the truck was derailed; and fell upon him, causing him injuries in respect of which ho claimed damages from tho company. The defence was that, tho damages should be limited lo tho liability provided for under tho Workers' Compensation Act. the company having, through the New Zealand Insuranco Company, made weekly payments of compensation to the plaintiff in respect of the accident. Yesterday law points were argued for tho appellant company by Messrs. M. Hannan and A. C. Cottrelf, of Weslporf. The respondent ' Watterson was represented by Mr. P. J. O'Regan. Decision was reserved; -