STRUCK OFF THE ROLLS

Dominion, Volume 15, Issue 15, 12 October 1921, Page 8

STRUCK OFF THE ROLLS

MEMBER OF BANKRUPT AUCKLAND

The Court of Appeal yesterday made a decree absolute to strike oft the rolls or le'i-al practitioners Arthur Cracknell, a member of the bankrupt firm of Hammond and Cracknell, of Auckland. Cracknell’s partner died recently, leaving tho affairs of tho firm in a tangled state The application to have Cracknell struck off the rolls was made by the Auckland Provincial Law Society (represented by Mr. Meek), and Mr. A. Dunne appeared for Cracknell. Mr. Dunne said that Cracknell would like to have certain facts placed before the Court in mitigation . Mr. Justice Sim said that he did not think the Court had any discretion other than to make the decree nisi absolute. “I can’t contend that this is nor a ease for such action,’’ said Mr. Dunne He asked, however, that the Court should make a recommendation that the respondent should be allowed to carry on business as a clerk, a typist, or as an engrossing clerk. Mr Justice Sim: Can you not make an application to the Supreme Court tor leave to employ? Mr. Dunne stated further that Cracknell had become a partner of the firm without knowing its true financial position. When he realised that the por - tion was hopeless, it was by his action that tho firm went into liquidation. IMj fact was to-his credit. Cracknell had been the managing clerk of th e busines B before he was admitted to partnership. What happened was no fault ot his own. The partners had each drawn not less than JCIOOO ft year out of the business although at tho date of Cracknell s entry into partnership liabilities of trust funds amounted to over J.'ii(KX). "Now they are over <£lo,ooo, remarked Mr. Justice Sim. ’ Counsel also said that Cracknell, a married man with one child, was entirely destitute. He asked the Court for permission to carry on a small business, such as engrossing or typing. Mr Justice Sim: He can carry on any business except that of a legal practitioncr. , # t Alter tho decree had been, made absolute, Mr. Justice Sim intimated that it was not for the Court to make any suggestion or recommendation as to the employment. Tho respondent could apply to the Supreme Court in Auckland tor permission.