WOOLF v KAYE [2018] NZHC 1250

WOOLF v KAYE [2018] NZHC 1250

Registrar's decision was set aside because, on the evidence, payment of the first instalment did not cause undue hardship but payment of the further hearing fees would cause undue hardship as at the date payable; the court therefore exercised its discretion to waive payment of further hearing fees rather than make fee payment contingent on the outcome of the substantive litigation.

Citation
[2018] NZHC 1250
Parties
First Plaintiff: V Woolf; Second Plaintiff: V Woolf as executor of the Estate of N B Woolf; First Defendant: A B Kaye (previously known as A Woolf); Second Defendant: M W S Clark as executor of the Estate of V I Woolf
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 May 2018
Procedural Posture
Civil (fee Waiver Review) / Review of Registrar's Decision Not to Waive Fees
Outcome
Registrar's decision set aside; further hearing fees waived
Legal Topics
Hearing Fees, Fee Waiver, Undue Hardship, High Court Fee Regulations
Civil Procedure Costs and Fees Equity Court Administration Hearing Fees Fee Waiver Undue Hardship High Court Fee Regulations

Case Brief

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Parties

V Woolf

First Plaintiff

V Woolf as executor of the Estate of N B Woolf

Second Plaintiff

A B Kaye (previously known as A Woolf)

First Defendant

M W S Clark as executor of the Estate of V I Woolf

Second Defendant

Procedural Posture

Civil (fee Waiver Review) / Review of Registrar's Decision Not to Waive Fees

Legal Issues

  1. 1 Whether the Registrar erred in declining to waive hearing and scheduling fees
  2. 2 Whether payment of hearing fees would cause the applicant undue hardship as at the date fees are payable
  3. 3 Whether the court can make fee waiver contingent on the outcome of the substantive claim

Ratio Decidendi

Registrar's decision was set aside because, on the evidence, payment of the first instalment did not cause undue hardship but payment of the further hearing fees would cause undue hardship as at the date payable; the court therefore exercised its discretion to waive payment of further hearing fees rather than make fee payment contingent on the outcome of the substantive litigation.

Court Disposition

Registrar's decision set aside; further hearing fees waived

Orders

  • Registrar's decision declining fee waiver set aside
  • Payment of further hearing fees waived