WARNOCK (DECEASED) AND ANOR V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT SC 30/2006
The Supreme Court concluded that the phrase in s 125(2) conferred on the Director‑General a discretionary power to charge interest on advances and that the lower courts' consistent interpretation was correct, so there was no prospect of success on appeal.
Source-derived case information.
- Citation
- SC 30/2006
- Parties
- Applicant: Doreen Warnock (deceased); Applicant: Combined Beneficiaries Union Incorporated; Respondent: Chief Executive of the Ministry of Social Development
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 21 June 2006
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave Application Dismissed by Supreme Court
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Interest on Advances, Discretionary Powers of Administrative Decision‑makers, Effect of Statutory Repeal on Litigated Issues
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doreen Warnock (deceased)
Applicant
Combined Beneficiaries Union Incorporated
Applicant
Chief Executive of the Ministry of Social Development
Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Application Dismissed by Supreme Court
Legal Issues
- 1 Whether s 125(2) of the Social Security Act 1964 authorised the Director‑General to charge interest on advances
- 2 Whether the legal question has continuing general importance given the repeal of s 125 in 1996
Ratio Decidendi
The Supreme Court concluded that the phrase in s 125(2) conferred on the Director‑General a discretionary power to charge interest on advances and that the lower courts' consistent interpretation was correct, so there was no prospect of success on appeal.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave dismissed
- Costs of the application to lie where they fall
Full Case Text
Judgment text and source record
1 paragraphs
WARNOCK (DECEASED) AND ANOR V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT SC 30/2006 21 June 2006IN THE SUPREME COURT OF NEW ZEALAND SC 30/2006 [2006] NZSC 45BETWEEN DOREEN WARNOCK (DECEASED) First Applicant AND COMBINED BENEFICIARIES UNION INCORPORATED Second Applicant AND CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT Respondent Court: Tipping, McGrath and Anderson JJ Counsel: P D McKenzie QC and A J McGurk for Applicants K Clark for Respondent Judgment: 21 June 2006JUDGMENT OF THE COURT 1. The application for leave to appeal is dismissed. 2. We order that the costs of the application shall lie where they fall. REASONS[1] The estate of the late Mrs Warnock wishes to challenge the conclusion reached in each of the Courts and Tribunals below 1 that the Department of Social Welfare, when making an advance to her in 1993 under s 125 of the Social Security Act 1964, was entitled to impose a requirement that she pay interest on the monies1 The Social Security Appeal Authority, the High Court and the Court of Appeal.advanced. At each level below it has been held that the Director-General was entitled to charge interest on the basis that under s 125(2) the advance could be subject to "such terms and conditions" as the Director-General might determine. [2] These words have been held consistently and unanimously below to confer on the Director-General a discretionary power to charge interest. We consider this interpretation is undoubtedly correct. The applicant therefore has no sufficient prospect of success to warrant the matter being considered by this Court. [3] Furthermore, the necessary general importance of the point is at least debatable on any continuing basis in view of the fact that s 125 was repealed in 1996 with no comparable provision replacing it.Solicitors: Otene & Ellis, Auckland for Applicants Crown Law Office, Wellington for Respondent