Commissioner of Police Khan [2015] NZHC 1779
The court approved the proposed settlement because counsel's joint memorandum demonstrated the settlement is consistent with the purposes of s95 of the Criminal Proceeds (Recovery) Act 2009 and the overall interests of justice, and the judge accepted that summary and made orders accordingly.
Source-derived case information.
- Citation
- [2015] NZHC 1779
- Parties
- Applicant: Commissioner of Police; Respondent: Dennis Salman Ahmed Khan; Interested Party: Mrs Laxman
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 July 2015
- Procedural Posture
- Civil Forfeiture Under Criminal Proceeds (recovery) Act 2009 / Settlement Approval (s95)
- Outcome
- Settlement approved and orders made in terms of paragraph 5 of counsel's memorandum; next call vacated and counsel excused.
- Legal Topics
- Settlement Approval Under S95, Forfeiture Orders, Interests of Justice
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Commissioner of Police
Applicant
Dennis Salman Ahmed Khan
Respondent
Mrs Laxman
Interested Party
Procedural Posture
Civil Forfeiture Under Criminal Proceeds (recovery) Act 2009 / Settlement Approval (s95)
Legal Issues
- 1 Whether the proposed settlement should be approved under s95 of the Criminal Proceeds (Recovery) Act 2009
- 2 Whether the proposed settlement is consistent with the purposes of the Act and the overall interests of justice
Ratio Decidendi
The court approved the proposed settlement because counsel's joint memorandum demonstrated the settlement is consistent with the purposes of s95 of the Criminal Proceeds (Recovery) Act 2009 and the overall interests of justice, and the judge accepted that summary and made orders accordingly.
Court Disposition
Settlement approved and orders made in terms of paragraph 5 of counsel's memorandum; next call vacated and counsel excused.
Orders
- Approve the proposed settlement in terms of paragraph 5 of the joint memorandum
- Vacate the call of the proceeding on 3 August 2015
Full Case Text
Judgment text and source record
1 paragraphs
Commissioner of Police Khan [2015] NZHC 1779 [30 July 2015]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2014-404-605[2015] NZHC 1779UNDER the Criminal Proceeds (Recovery) Act2009BETWEEN COMMISSIONER OF POLICEApplicantAND DENNIS SALMAN AHMED KHANRespondentHearing: On the papersCounsel: K Eastwood for applicantPJ Kaye for respondentJB Murray for Mrs Laxman, interested partyJudgment: 30 July 2015JUDGMENT OF FAIRE JThis judgment was delivered by me on 30 July 2015 at 5:00 pmpursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDateSolicitors: Meredith Connell, AucklandVallant Hooker & Partners, AucklandPJ Kaye, Auckland[1] The Commissioner of Police, the respondent and an interested party seek theCourt's approval of a proposed settlement of the Commissioner's application forcivil forfeiture orders, pursuant to s 95 of the Criminal Proceeds (Recovery) Act 2009.[2] Counsel have filed a joint memorandum which is very helpful. It sets out the background, the proposed settlement and the reasons why, in terms of s 95, the proposed settlement is consistent with the purposes of the Criminal Proceeds (Recovery) Act 2009 and the overall interests of justice. I accept and agree withcounsel's summary.[3] Accordingly, it is appropriate that I approve the settlement. I therefore makeorders in terms of paragraph 5 of counsel's memorandum.[4] As a consequence of the orders made in this judgment, the call of this proceeding on 3 August 2015 is vacated and counsel's appearances are excused.____________________JA Faire J