CLAIM OVERRULED

Dominion, Volume 29, Issue 196, 16 May 1936, Page 7

CLAIM OVERRULED

Privilege For Confidential State Documents ACTION FOR DAMAGES By Telegraph.—Press Association. Christchurch. Muy 15. Privilege claimed by a Government official in the Supreme Court to-day when he was asked to produce documents was refused by his Honour Air. Justice Northcroft. Witness, an official of the Labour Department at Ashburton, was asked to produce statements made by an applicant for sustenance, but he claimed that the documents, being State confidential documents, were privileged. In the absence of a certificate from the Minister for Labour, and because it appeared that one party in the action already knew part of the contents of the statements, his Honour ruled that the statements must be released. The applicant for sustenance referred to was John Henry White, labourer, Ashburton, and the action was a claim bv White for £l5OO general damages, £220/10/0 special damages and medical expenses against Hugh Joseph McCosker, farmer, Ashburton. White was injured in a collision between a motor-truck he was driving and a ear driven by defendant on July 2. 1935. Defendant admitted liability and the court was asked to assess the amount. The jury awarded general damages £550 and special damages £305/8/0. White had fractured a thigh, had been in hospital for two periods, and now suffered some permanent disability, one leg being one inch shorter. In cross-examination plaintiff admitted having made incorrect statements to tlie sustenance officer about his earnings in order that he might draw sustenance.

Several doctors gave evidence. 'Two said plaintiff’s working life if he had met with no accident would have ended in 40 years. It was stated also that he would be able to do normal duties in 18 months.