JAMES ROBERT REID V DEPUTY REGISTRAR AT PALMERSTON NORTH CA409/2010
The application was dismissed because the substantive grounds had no prospect of success and the Court was not satisfied the Deputy Registrar erred or that the applicant's grounds were arguable, therefore fee waiver was properly refused.
Source-derived case information.
- Citation
- openlaw-9417c74d_b407_46ab_97c1_25517c86a39e.pdf
- Parties
- Applicant: James Robert Reid; Respondent: Deputy Registrar at Palmerston North
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 August 2010
- Procedural Posture
- Review of Deputy Registrar's Decision Refusing Waiver of Filing Fee / Application for Review in the Court of Appeal
- Outcome
- Application for review dismissed
- Legal Topics
- Waiver of Filing Fee, Review of Registrar Decision, Prospects of Success Threshold
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Robert Reid
Applicant
Deputy Registrar at Palmerston North
Respondent
Procedural Posture
Review of Deputy Registrar's Decision Refusing Waiver of Filing Fee / Application for Review in the Court of Appeal
Legal Issues
- 1 Whether the Deputy Registrar erred in refusing to waive the filing fee
- 2 Whether the substantive notice of appeal has any prospect of success
- 3 Whether the applicant's grounds for review are arguable
Ratio Decidendi
The application was dismissed because the substantive grounds had no prospect of success and the Court was not satisfied the Deputy Registrar erred or that the applicant's grounds were arguable, therefore fee waiver was properly refused.
Court Disposition
Application for review dismissed
Orders
- The application for review of the Deputy Registrar's decision refusing to waive the payment of the filing fee is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
JAMES ROBERT REID V DEPUTY REGISTRAR AT PALMERSTON NORTH CA409/2010 3 August 2010IN THE COURT OF APPEAL OF NEW ZEALAND CA409/2010 [2010] NZCA 348BETWEEN JAMES ROBERT REID Applicant AND DEPUTY REGISTRAR AT PALMERSTON NORTH Respondent Counsel: Appellant in person Judgment: 3 August 2010 at 3.30 pmJUDGMENT OF HARRISON JThe application for review of the Deputy Registrar's decision refusing to waive the payment of the filing fee is dismissed.____________________________________________________________________REASONS[1] Mr James Reid has applied for an order reviewing a decision of a Deputy Registrar of this Court made on 30 June 2010, declining his application for waiver of a filing fee of $900 on a notice of appeal filed on 25 June. [2] Mr Reid's substantive appeal is itself against a decision of Simon France J in the High Court at Palmerston North delivered on 26 May 2010, declining an application to review a decision of a Deputy Registrar of that Court refusing to waive a filing fee on an appeal brought against a decision of the District Court.[3] The grounds set out in Mr Reid's substantive notice of appeal have no prospect of success. In any event, I am not satisfied that the Deputy Registrar erred in her decision dated 30 June or that the grounds advanced in Mr Reid's application for review are arguable. [4] Mr Reid's application to review the Deputy Registrar's decision is dismissed.