Well my issue was that the files would go into the trash, the trash icon would show are having items, right clicking and empty trash did nothing, left clicked and opened Trash and nothing there... opened .Trash in PathFinder (showing hidden files) and there where the items.
OK, well, I tried most of the suggestions in this thred, but nothing worked, reset PRAM did the terminal trick, I then realised that I was using Pathfinder. with the setting to close "Finder" on start up.
"I deselected this option, and clicked on the finder icon in the dock so it became an active application. Then tried to empty the trash, low and behold, it emptied..."
restarted the computer, (with finder auto active, as standard) created some new files added to trash and emptied, fine.
Re entered PathFinder with the option close Finder, restarted, then the Trash issue happened again.
So if you have Pathfinder installed and Finder closed.... this might fix your issue...
I hope it does!
Chris
EDIT. Just noticed that with Pathfinder you can still have Finder close on login, but keep the Finder desktop visible and you will be able to empty the trash, appears to be a PathFinder Bug.
Message was edited by: chrisrjcox