Bain seeks judicial review

Last updated 15:53 30/01/2013

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David Bain has filed a claim in the Auckland High Court seeking a judicial review of Justice Minister Judith Collins' handling of his compensation case.

A statement issued by Bain supporter Joe Karam said he was seeking a judicial review of the actions taken by Collins since she received Justice Binnie's  report in late August 2012, including the "secret process" which culminated in the subsequent report by Judge Robert Fisher.

"The claim includes allegations that the Minister has breached David's rights to natural justice, breached his rights under the New Zealand Bill of Rights Act 1990, acted in bad faith, abused her power, and acted in a biased, unreasonable and predetermined manner," Mr Karam said.

"Declarations are sought from the Court to this effect, along with any necessary further directions."

The claim also requested the Crown defer any further action in relation to Bain's claim pending the outcome of the judicial review.

"David Bain has particularly requested that I make it known that he anguished over the prospect of returning to Court, and only did so  with great reluctance," spokesman Joe Karam said.

"The application is necessary  because the Minister has continued her policy of refusing to constructively communicate with his advisers, and because he no longer has any confidence that his claim is being assessed in a fair manner. "

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