4 July 2005

Lehmann Court of Appeal case not withdrawn

The Lehmann appeal to the Court of Appeal has not been withdrawn and ACC’s position on the case remains unchanged, ACC Minister Ruth Dyson said today.

“Hazel Armstrong, the solicitor representing Mrs Lehmann and the Lehmann Estate, has advised me today that she has not been instructed by Mrs Lehmann to withdraw the appeal to the Court of Appeal for a lump sum payment for her husband’s asbestos exposure.

“The ACC board has already made a decision not to take any steps to recover the $97,000 paid to the Lehmann Estate at this stage, and not to revisit the decision while the Court of Appeal case is pending. This situation is unchanged.

“Any decision by the board on whether to seek to recover the lump sum payment from the Lehmanns after the court case would depend on the outcome of the appeal and the Estate’s ability to pay.”

Allegations that the Lehmann Estate had been burdened with legal bills were also incorrect, Ruth Dyson said.

“ACC has met the Lehmann Estate legal fees of $7500 in the High Court. They will not seek costs against the Estate if the Court of Appeal upholds the High Court decision.”

ENDS

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