Sher Khan v Keith Reid

[2011] NZSC 58

IN THE SUPREME COURT OF NEW ZEALAND

SC 21/2011
[2011] NZSC 58

BETWEEN  SHER AFZAL KHAN
Applicant

AND  KEITH WILLIAM REID
Respondent

Court:             Elias CJ, Blanchard and Tipping JJ

Counsel:         Applicant in person
M R T Colthart for Respondent

Judgment:      1 June 2011

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed with costs of $2,500 to the Respondent.

REASONS

1. The applicant, Mr Khan, together with his wife sued the respondent, Mr Reid, a barrister who had previously acted for Mrs Khan.  That claim, alleging negligence on the part of the respondent, was struck out as time barred in the High Court.[1]  The Khans then sought leave to appeal out of time to the Court of Appeal, which concluded that the appeal was unmeritorious and refused leave.[2]

   [1]      Khan v Reid HC Auckland CIV-2009-404-1721, 30 October 2009.

   [2]      Khan v Reid [2010] NZCA 391.

2. Mr Khan had not paid Mr Reid costs ordered by the High Court.  Mr Reid had served a bankruptcy notice.  Mr Khan applied to set it aside but did not comply with the time period for filing his affidavit in support.  His application was therefore struck out.[3]

   [3]      Reid v Khan HC Auckland CIV-2009-404-8543, 11 March 2010.

3. Mr Khan appealed against that striking out but again his appeal was not pursued within the applicable time limit (in r 43 of the Court of Appeal (Civil) Rules 2005).  He therefore needed an extension of time which the Court of Appeal has refused to give him.[4]  The Court of Appeal considered that the appeal was pointless in view of the adjudication, which was unchallenged, and that the matters which Mr Khan wished to raise had been conclusively resolved against him.

   [4]      Khan v Reid [2011] NZCA 22.

4. The present application is a hopeless attempt to raise those matters once again.  It does not meet the criteria for leave.

Solicitors:
C K Lyon, Remuera for Respondent