24 Feb 2006
CHHIMA AND CHHIMA V WINZ HC AK CIV-2004-485-1761
- Citation
- openlaw-56626400_06da_4561_87c4_0caa10e48770.pdf
- Court
- High Court
The Court held that 'deprive' in s 74(1)(d) includes deliberate omissions as well as positive acts; an applicant who deliberately fails to derive readily available income from a commercial asset can be treated as having deprived himself or herself of income for the purposes of s 74(1)(d); on the facts the Appeal Authority's findings were open on the evidence and its exercise of discretion to attribute notional income and reduce benefits was not unlawful or unreasonable; therefore the appeals were dismissed.