Family-Benefit Payments Sought While Overseas

Press, Volume C, Issue 29517, 19 May 1961, Page 12

Family-Benefit Payments Sought While Overseas

(Neto Zealand Press Association)

WELLINGTON, May 18. The Court of Appeal this morning began the hearing of a case between Enid Mary Corbett, wife of Robert Edward Corbett, an Otago University lecturer, and Albert Edward Thomas Williams, William Lockhart Watson, and George James Brocklehurst, all of Wellington, public servants, being sued as chairman and members respectively of the Social Security Commission, and Miss Mabel Bowden Howard, of Wellington, Minister of Social Security at the time the alleged claim arose, named as second defendant.

The facts were that the plaintiff, and her two children, left New Zealand in October, 1957, to accompany her busband to England on sabbatical leave from the University of Otago. She returned in October, 1958. On return, the plaintiff claimed family-benefit payments in respect of the 12 months spent in England, during which time the plaintiff’s husband was being paid a salary by the university Which was taxed by the New Zealand Government. The claim was refused by the Social Security Commission, upon which the plaintiff filed a statement of claim alleging that the first defendants, with the concur-

rence of the second defendant, had failed to have regard to the circumstances of the plaintiff’s case, and that they had taken irrelevant considerations into account. The claim was for the issue of a writ of certiorari to remove the matter into the Supreme Court, in order that the defendants’ determination might be quashed, and for the issue of a writ of mandamus, commanding the commission to make payment of any money that the plaintiff was found to be entitled to.

The plaintiff then filed a motion for an order of discovery, calling on the defendants to describe to the plaintiff the documents which

they had relating to the action. The motion was heard by Mr Justice Haslam who, by consent, dismissed the application against the Minister of Social Security, and allowed the application as against the first defendants. Order For Inspection This was done, whereupon the plaintiff applied for an order that the first defendants produce certain of the discovered documents for inspection. This was opposed by the first defendants, who said that the Minister of Social Security had directed that they be withheld from production on the grounds of public interest. By consent, the motion was removed to- the Court of Appeal for determination. In the Court of Appeal. Mr G. P. Barton is appearing for the plaintiff, and the Solicitor-General (Mr R. C. Wild), with him Mr G. Orr. is appearing for the first defendants and the second defendant.

In opening the case for the plaintiff, Mr Barton submitted that the question of whether the Court had power to examine documents for itself to see if a claim of "Crown privilege” was justified was a topic on which the House of Lords and the Privy Council had a variance of opinion. There had also been two New Zealand cases in which the view had been expressed that the Supreme Court would follow, not the decision of the Privy Council, but that of the House of Lords. “Crown Privilege”

In counsel’s submission, the claim of "Crown privilege” was one to be exercised most sparingly. The fact that the documents were official was not enough, for it must be in the public interest that the documents in question should be withheld. If the confidential or official nature of the class of documents was not enough to justify the claim, then the Court was entitled to know in what respect the public interest would be affected by production. The Court was also entitled to know whether, on any rational view, the documents could be susceptible to a claim for Crown privilege. This could be done either by the Minister giving the grounds for his belief, or from it being shown from the contents of the Court record itself. The Court of Appeal hearing the application comprises the president, Mr Justice K M. Gresson, Mr Justice North, and Mr Justice Cleary.