IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2015-404-002750 [2016] NZHC 1756
BETWEEN YOUMNA KHAN
Applicant
AND
ACCIDENT COMPENSATION CORPORATION
Respondent
Hearing: 31 May 2016 (further written submissions received 7 and 13
June 2016)
Appearances:
S A Khan as agent for the applicant in person
D K L Tuiqereqere for RespondentJudgment:
29 July 2016
JUDGMENT OF PALMER J (Corrected)
This judgment is delivered by me on 29 July 2016 at 4.30 pm pursuant to r 11.5 of the High Court Rules.
..................................................... Registrar / Deputy Registrar
Solicitor:
Medico Law Limited, Auckland
Copy to:
Applicant
KHAN v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 1756 [29 July 2016]
Summary
[1] Mrs Youmna Khan seeks special leave to appeal two District Court decisions that, in effect, determined she was not entitled to accident compensation. I decline to grant leave. There is no merit in the applications.
The complex context
[2] There is a complex context of compensation, convictions, claims and cases. The initial accidents were the most straightforward of the events. In June 1993
Mrs Khan fell and broke her arm. And, in October 1994, Mrs Khan suffered a lower back injury.
Compensation
[3] From June 1993 until April 1996 Mrs Khan received weekly accident compensation payments as an employee of Ideal Leather Manufacture Ltd. The Accident Compensation Corporation (ACC) eventually determined that Mrs Khan had not been an earner in June 1993 and so was not entitled to compensation payments.
Convictions
[4] In April 1996 Mrs Khan, and her husband Mr Sher Khan, were arrested and charged with using a document with intent to defraud ACC. In August 1997 they were convicted of fraud. In sentencing them to six months imprisonment and a
$1,000 fine respectively, Judge Nicholson characterised Mr Khan as “an astute and unscrupulous business man” and Mrs Khan as “a supportive wife”.1 The Khans filed, but did not pursue, appeals against their convictions. The Khans’ appeals against sentence were dismissed by the Court of Appeal in 1998.2
[5] Surprisingly, the Khans filed further notices of appeal of their convictions in
2015. The Court of Appeal treated them as applications to bring a second appeal, which it dismissed, saying the matters advanced by the Khans were all attempts to
1 See Khan v Accident Compensation Corporation [2014] NZACC 147 at [13].
2 R v Khan CA409/97, 9 March 1998.
reopen matters canvassed in their trial and first appeal.3 The Court of Appeal said that Khans’ affidavits and submissions showed “an unwillingness to accept that they had a full and fair trial and appeal and “[t]hey now need to come to terms with that reality”.4
Termination, reinstatement, termination
[6] Also in April 1996 Mrs Khan’s weekly payments were terminated. Mrs Khan sought review of that decision and ACC failed to carry out the review within the statutory timeframe. The legal consequence was that the review was deemed to be determined in Mrs Khan’s favour.5 But it was not until May 1997 that ACC advised Mrs Khan of the deemed decision…
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- [2016] NZHC 1756
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