KORONIADIS v BANK OF NEW ZEALAND CA522/2013 [2013] NZCA 524
Because the applicant is a student on welfare and the Court was not prepared to discount his explanations for larger expenditures, he demonstrated undue financial hardship; the Registrar's refusal to waive the filing fee was set aside and the applicant was not required to pay the filing fee for the extension...
Source-derived case information.
- Citation
- [2013] NZCA 524
- Parties
- Appellant: ATHANASIOS KORONIADIS; Respondent: BANK OF NEW ZEALAND
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 30 October 2013
- Procedural Posture
- Review of Registrar's Decision / Decision on the Papers
- Outcome
- Application for review granted; Registrar's decision refusing waiver of filing fee set aside.
- Legal Topics
- Fee Waiver, Undue Financial Hardship, Security for Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
ATHANASIOS KORONIADIS
Appellant
BANK OF NEW ZEALAND
Respondent
Procedural Posture
Review of Registrar's Decision / Decision on the Papers
Legal Issues
- 1 Whether undue financial hardship established to waive a $1100 filing fee
- 2 Whether waiver decision affects obligation to provide security for costs
Ratio Decidendi
Because the applicant is a student on welfare and the Court was not prepared to discount his explanations for larger expenditures, he demonstrated undue financial hardship; the Registrar's refusal to waive the filing fee was set aside and the applicant was not required to pay the filing fee for the extension application or the appeal, but this does not preclude separate orders for security for costs.
Court Disposition
Application for review granted; Registrar's decision refusing waiver of filing fee set aside.
Orders
- Mr Koroniadis is not required to pay a $1100 filing fee on the application to extend time.
- Mr Koroniadis is not required to pay a $1100 filing fee on the appeal itself.
Full Case Text
Judgment text and source record
1 paragraphs
KORONIADIS v BANK OF NEW ZEALAND CA522/2013 [2013] NZCA 524 [30 October 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA522/2013[2013] NZCA 524BETWEEN ATHANASIOS KORONIADISAppellantAND BANK OF NEW ZEALANDRespondentCounsel: Appellant in personJ Toebes for RespondentJudgment:(on the papers)30 October 2013 at 2.30 pmJUDGMENT OF MILLER J(Review of Registrar's decision declining to waive filing fee)The application for review is granted.____________________________________________________________________REASONS[1] Mr Koroniadis has applied to review the Registrar's decision declining towaive a filing fee of $1100. This requires that he demonstrate undue financial hardship.1[2] Mr Koroniadis is a student and is supported by welfare payments. At this stage I am not prepared to discount the reasons which he advances for some of the larger purchases on his bank statements. In the circumstances, the application for review is granted.1 Court of Appeal Fees Regulations 2001, reg 5(3)(b)(iii).[3] The effect of this decision is that Mr Koroniadis is not required to pay a filing fee on the application to extend time and the appeal itself.[4] It is important to note that this decision does not indicate that Mr Koroniadis will be able to avoid paying security for costs. Different considerations apply to that decision, including the interests of the respondent and the merits of the appeal.Solicitors:JTLAW, Wellington for Respondent