19 Dec 2012
DONALD V MINISTRY OF SOCIAL DEVELOPMENT HC AK CIV-2011-485-000581
- Citation
- openlaw-57756ecc_6fed_4047_913d_abadcc89667f.pdf
- Court
- High Court
The High Court held there exists a question of law of sufficient public importance—whether the Authority has any obligation to obtain updating evidence that post‑dates the Chief Executive's decision—and granted leave to appeal to the Court of Appeal; the Court noted the Authority may need to seek updating evidence in some circumstances and remitted the matter for reconsideration consistent with the requirement that the Chief Executive's decision and the evidence before him be considered, while permitting other evidence if relevant to the position at the time of the decision.
- Unsupported child benefit
- Appeal by way of case stated
- Duty to obtain/update evidence
- Scope of rehearing by tribunal