15 Jun 2009
BRIAN WILLIAM NICHOLL V LEGAL SERVICES AGENCY HC HAM CIV 2008-404-6896
- Citation
- openlaw-006186ab_6c74_442b_a134_4e118e2d62e1.pdf
- Court
- High Court
Regulation 6(2)(b), read with s113(i)(v), permits the Agency and LARP to take an applicant's interest in a trust (including discretionary benefits in the lay sense of 'contingent') into account as disposable capital; the Agency was entitled to assess the appellant's substantial interest, but must compute that interest on a fair and reasonable basis rather than simply treating the full property value as the applicant's interest; applying a modest discount would not alter the contribution outcome; appeal dismissed.