COMPLAINANT A v NEW ZEALAND LAW SOCIETY [2017] NZSC 158

COMPLAINANT A v NEW ZEALAND LAW SOCIETY [2017] NZSC 158

Applying the Reekie test to the facts, there was no basis to dispense with security for costs; no point of public importance and no appearance of a miscarriage of justice arose, so leave to appeal was refused and costs awarded to the respondents.

Source-derived case information.

Citation
[2017] NZSC 158
Parties
Applicant: Complainant A; First Respondent: New Zealand Law Society; Second Respondent: Z (name suppressed)
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
12 October 2017
Procedural Posture
Civil Appellate — Application for Leave to Appeal to the Supreme Court / Leave Application Dismissed
Outcome
Application for leave to appeal dismissed
Legal Topics
Security for Costs, Dispensing With Security for Costs, Interim Name Suppression, Leave to Appeal, Appeal Abandonment Under Court Rules
Civil Procedure Administrative Law Judicial Review Costs Suppression Orders Security for Costs Dispensing With Security for Costs Interim Name Suppression +2 more

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Parties

Complainant A

Applicant

New Zealand Law Society

First Respondent

Z (name suppressed)

Second Respondent

Procedural Posture

Civil Appellate — Application for Leave to Appeal to the Supreme Court / Leave Application Dismissed

Legal Issues

  1. 1 Whether security for costs should be dispensed with for an appeal to the Court of Appeal
  2. 2 Whether the Reekie test for dispensing with security for costs was met
  3. 3 Whether the application raised a point of public importance or an appearance of a miscarriage of justice

Ratio Decidendi

Applying the Reekie test to the facts, there was no basis to dispense with security for costs; no point of public importance and no appearance of a miscarriage of justice arose, so leave to appeal was refused and costs awarded to the respondents.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Leave to appeal dismissed
  • Applicant to pay costs of $2,500 to the respondents