TRUST ACCOUNTS NOT AUDITED

Dominion, Volume 14, Issue 169, 13 April 1921, Page 3

TRUST ACCOUNTS NOT AUDITED

OPOTIKI SOLICITOR’S TROUBLE.

The Court of Appeal yesterday announced its decision in tho case of Heiiry Edward Elliott, solicitor, of Opotiki, for whose removal from the rolls of legal practitioners the Law Society had received a rule nisi. In 1913. for not paying in the sum of .£260, given him for the purpose of settling certain stamp duties, Elliott was sti-uek off the roll of legal practitioners. An affidavit was subsequently filed by his mother to tho effect that, her son had arranged to pay the sum into the bank, but owing to an oversight had omitted to do so. . Following a petition, or appeal, from residents of Opotiki, in 1917, Elliott was reinstated. However, failure to have his accounts in trust audited resulted in further action by the Law Society, and tho rule nisi was made, although the decree was never made absolute.

On behalf of the Iziw Society, Mr. H. F. von Haas'; said that the accounts had been audited recently, and the society bad incurred expenses amounting to .£37 4s. in having them attended to.

Mr. A. IV. Blair said it appeared that Elliott's troubles had arisen from a "microbe of delay,” coupled with a period of bad luck. Ixicnl conditions—a flood, and the illness of the only auditor in Opotiki—had prevented the auditing of the accounts. Elliott had already been fined <£so, and this, he thought, was sufficient punishment. The Court discharged the rule nisi, «ml Elliott was ordered to pay the Law Society the costs of the action, namely, .£37 4s.