Cresswell v Incorporated Law Institute of New South Wales [1912] HCA 57

»R.J OF AUSTRALIA. 727

s therefore not necessary to consider what would be the result H. ©. or A. e had done so. What his intention was when returning to ees alia it is not necessary to determine, for he must establish trxg Pace

he had acquired an Australian domicil before going back <7

Guexson. 2 appeal fails. Griffith C.J. RTON J. I am of opinion that the appeal must: be dismissed. J. Lagree. Appeal dismissed. slicitors, for the appellant, Fink, Best. Hall. , for the respondent, C. Powers, Commonwealth Crown BL. .., [HIGH COURT OF AUSTRALIA.] : APPELLANT; AND ORATED LAW INSTITUTE OF } panties. EW SOUTH WALES 3 j ON APPEAL FROM THE SUPREME COURT OF acwk NEW SOUTH WALES. 1912, — r—Removal of name from roll. SyDNEY, Sept. 12.

"The Supreme Court of New South Wales having ordered the name of © —__

it A i itfith O.J., solicitor to be removed from the roll on the ground of misconduct, the Grifith oJ,

'High Court refused special leave to appeal. O'Connor JJ.

H.C. or A.

1912.

HIGH COURT (1912.

Motion for special leave to appeal. By an order of the Full Court of New South Wales of 2nd

era September 1912, it was ordered that the name of Thomas Edgar

v. Incorvor- atep Law Insrrrore or New Sourn WaALtes.

Cresswell should be removed from the roll of solicitors. Two charges were made against him, the first being that he had received a sum of money amounting to £6 7s. 1d. on behalf of a client and had failed to account for it until after he had been examined in certain bankruptcy proceedings, and the second being that while he was honorary treasurer of a benevolent society, a period extending from 1905 to 1911, he had improperly used the funds of the society. The Court held that both of the charges were proved, and that his conduct had been such as to disentitle him to be held out as a person fit to be entrusted with the duties and responsibilities of a solicitor.