GISBORNE LOAN DISPUTE

Poverty Bay Herald, Volume LXIII, Issue 19126, 22 September 1936, Page 13

GISBORNE LOAN DISPUTE

QUESTION OF DOCUMENTS

APPEAL COURT ARGUMENT

DECISION RESERVED

(Ter Press Association.) WELLINGTON, this day

In placing the case, for the respondent, before the Court of Appeal in the case of the Government Loans Board and others v. Henry Victor Lunken, of Gisborne, in which, arising out of the action taken by Lunken in the Supreme Court to set aside the decision of the Local Government Loans Board to grant a. loan to the Gisborne Eire Board, objection was taken to. producing for inspection certain documents on the ground that they were .State documents and privileged, Mr. L. T. Barnard made the following submissions: — (1) That the classification decisions put forward for the appellants was based on an unsound principle, and that the distinctions put forward concerning that classification were, not supported by cases

(2J That, the production of documents was generally granted, the Crown’s, privilege being a- narrow one, not perhaps completely defined, but not to be extended beyond precedents. (3) That there was an inherent power in the court to inspect, documents at any (imc.

(4) That the order for inspection made in the present case could be supported on the ground taken in the judgment of the trial judge, Sir John Heed, that objection had merely been taken to documents as a class, without showing that particular documents had been read or considered and that the opportunity which the judge had given the appellants of submitting ior the inspection of the court- any documents which they objected to produce was in accordance with decided eases.

The. Court of Appea-l reserved its deci sion.