'The defendant in the course of his} liquidation calls himself by various: official titles, namely "Liquidator, "Counsel for' Shanghai Chinese Coal Produce & Stock Exchange. Coy." "Counsel for the Official Trustee' and "Receiver of the Shanghai Chi ese Coal Produce & Stock Exchange Coy," but never describes himself as Counsel for the plaintiff, from where hho had taken legal fees amounting $5,500 in November, 1921, and a retaining fee of ' $400' on January 9, 1922, which states above the signatirre of the defendant that it was a "retaining feo for one year." Consequently the defendant was retained as legal adviser of the! plainti® until the end of 1922, by which time all the money of the "Shanghai Chinese Coal Exchange Coy" had been exhausted, and not nee had he appeared in any way assist his client. In fact, in most] matters had been detrimental to him.
He persuaded the plaintiff to goal antee the newspaper account, omitted to pay the account after his promise to do so out of the liquidation, and had finally wound up the company ithout paying the amount.
'There is a rule among members the English Bar which is highly prized. Namely, that one's first duty'
to consider' and protect the interests of one's client. I regret to say that in this case that rule does not seem to have been adhered to.
As I have already said, it is impossible for me to go into'the many details and curious _transactions which have been brought before me during the hearing which lasted 13] Joe days. There are many matters that should have liked to refer to which were proved before me as part of the history of the case. But as it is extremely difficult to keep this judgment within reasonable length, 1 have endeavoured to confine myself to the facts which are directly concerned with the -—main issue, namely, whether the defendant should given an account, and I think T have now shown that there is ample evidence on which T can decide that the defendant is lable as liquidator to give an account of the money received from these companies.
Therefore, I give judgment for the!
with costs and order that. the defendant of the money received in the liquids tion of the "Shanghai Chinese Coal Produce & Stock "Exchange Company," with liberty to apply as rogards the time to be fixed for de ery of the said account.
Text read from the printed page and cleaned; old type leaves the occasional error.