APPEAL COURT

Hokitika Guardian, 13 July 1931, Page 5

APPEAL COURT

A TRUST ACCOUNT CHARGE. (By Telegraph—ter Press Association) WELLINGTON, July 13. Allegations made by the Law Society’ that Walter Hi si op, barrister and solicitor of Napier; had failed to account to a client for a certain sum of money held for that client, and Lad failed to keep trust moneys in a proper trust account, came before the Court of Appeal this morning. The Court consisted) of the Chief Justice (Sir Michael Myers), Justices Herdman, MacGregor, and Kennedy’. Air E. P. Hay, .counsel for* H-islop,-said prime facie it might appear an offence had been committed by Hislop, but the actual circumstances disclosed the complete absence of dishonesty on his part. Hislop received a sum of money cm behalf of a lady client, on the discharge or a mortgage under which she was the mortgagee, and; banked that money in his trust account between 17th. December 1930, and 3rd. February 1931. He. did not bank again and.during that time drew against the said sum cheques in favour of other clients, holding in his office iinbanked money sufficient to cover the cheques paid out. When the earthquake came the . sum of £SOO was in the office and that, was destroyed. He accordingly was unable to pay his client the. full amount which lie had received on her behalf.

The .Court intimated Hint tlu» facts before it were not sufficient -to enable it to deal with the explanation of the practitioner, and gave Mr Hay. the option of taking an adjournment till Friday to adduce further facts. This was accepted and; the Court adjourned.