CONFIDENCES’’ IN COURT

Wanganui Chronicle, Volume 74, Issue 192, 15 August 1931, Page 6

CONFIDENCES’’ IN COURT

CAN THEY BE STATED? RECORDS OF A BANK Whether a bank manager should di* vulge a confidential stock-return given him by a farmer, was a question decided by Air Justice Blair in tho Supreme Court at AVanganui yesterday. The point came before the Court when the manager of the Bank of New Zealand, Palmerston North, was giving evidence. Opposing counsel queried whet hoi? such evidence could be asked of tho witness. Counsel pointed out that under the Bankers’ Act it required an order of the Court for the production of bank books. The records of teh. Bank, it, was held, as between themselves ami their clients, were part of those books uhich could thus not. be produced without the order of the Court. If tho books and records could not be produced, that protection could not be overcome by asking a bank manager to come to Court and tell what was in those books. After referring to the law on the point his Honour said that the law stated that a banker could not be asked to produce his “books.” It was also stated by counsel that Phipson on Evidence made a statement about giving confidential But the point would not be pressed. His Honour: I do not see how yon can successfully press it. It looks as if there is no privilege at all. I think tho manager will be compelled to give that information. Counsel: I am not asking the managef to disclose his client’s account. His Honour, to witness: It seems te me that you have not the same privileges as a Father Confessor. But E appreciate your position. If T did object I would know that counsel was frightened to have them produced. Th* law, as it. is, is to stop the “books 71 or the ledgers of a bank being hawked about the country, perhaps to stay hern for tho best part of a week, thus holding up the bank's business. The question was put, and the witness re pl i o<l.