SOLICITOR’S DIARY

Sun (Auckland), Volume II, Issue 362, 24 May 1928, Page 13

SOLICITOR’S DIARY

INSPECTION REFUSED INTERESTING POINT RAISED The question of the privileged secrecy of communications from clients to their solicitors was the subject of legal argument heard before Mr. Justice MacGregor at the Supreme Court yesterday. An application for inspection of cer-. lain documents was made by the defendant firm in the action of Keep Brothers, England (Mr. McVeagh) v. Birch and Bradshaw, Ltd., Auckland (Mr. Mackay). Originally the proceedings were heard in chambers, but on account of the importance of the legal questions involved it was moved into banco. The claim in the action pending is for moneys alleged to be due under a debenture, the defence in that action being one of alleged fraudulent preference. It was alleged by defendants that the debenture was given at a time the firm was unable to pay its debts and was therefore fraudulent. Tie present dispute arose from four letters sent by Keep Brothers to a nrm of solicitors, instructing them to protect their interests and also concerned the diary of a member of the firm. This recorded conversations between the solicitor and the managing director of the firm of Birch *nd Bradshaw. Mr. Mackay submitted that he was entitled to inspect these documents on he grounds that the defence alleged iraud on the part of the plaintiff comand these were documents which the carrying into effect of the

After hearing legal argument, his •lonour held that the diary was the i^ P t rty of the soli citors, and not subp« the control of plaintiffs. He uid make no order in respect to the but would make an order for ne inspection of the letters.