MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZCA 30
The review is declined because the applicant conceded he was not unable to pay and simultaneously stated he would proceed regardless of a waiver, so the cumulative requirements of reg 5(2)(b) were not satisfied and the Registrar correctly refused to waive the fees.
Source-derived case information.
- Citation
- [2018] NZCA 30
- Parties
- Applicant: Jeremy James McGuire; Respondent: New Zealand Law Society
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 1 March 2018
- Procedural Posture
- Appeal / Review of Registrar's Decision on Fee Waiver Under Reg 5(2)(b) Fees Regulations
- Outcome
- Application for review of Registrar's decision declined.
- Legal Topics
- Fee Waiver, Court of Appeal Fees Regulations 2001, Public Interest Test, Registrar Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremy James McGuire
Applicant
New Zealand Law Society
Respondent
Procedural Posture
Appeal / Review of Registrar's Decision on Fee Waiver Under Reg 5(2)(b) Fees Regulations
Legal Issues
- 1 Whether the Registrar may waive filing fees under reg 5(2)(b) of the Court of Appeal Fees Regulations 2001
- 2 Whether the appeal concerns a matter of genuine public interest
- 3 Whether the proceeding is unlikely to be commenced or continued unless the fee is waived
Ratio Decidendi
The review is declined because the applicant conceded he was not unable to pay and simultaneously stated he would proceed regardless of a waiver, so the cumulative requirements of reg 5(2)(b) were not satisfied and the Registrar correctly refused to waive the fees.
Court Disposition
Application for review of Registrar's decision declined.
Orders
- The application for review of the Registrar's decision declining to waive filing fees is declined.
Full Case Text
Judgment text and source record
1 paragraphs
MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZCA 30 [1 March 2018]IN THE COURT OF APPEAL OF NEW ZEALANDCA638/2017[2018] NZCA 30BETWEEN JEREMY JAMES MCGUIREApplicantAND NEW ZEALAND LAW SOCIETYRespondentCounsel: Applicant in PersonJudgment:(On the papers)1 March 2018 at 2.30 pmJUDGMENT OF CLIFFORD J(Review of Registrar's Decision)The application for review of the Registrar's decision to waive filing fees isdeclined.____________________________________________________________________[1] Mr McGuire is appealing a decision of the High Court upholding a finding ofunsatisfactory conduct made against him by the Canterbury Westland StandardsCommittee. At the time of filing his notice of appeal, Mr McGuire also applied for awaiver of the filing fees for both his appeal and an associated application for leave toadduce further evidence.[2] The Registrar declined that application. In doing so, she determined thatneither of the conditions found in reg 5(2)(b) of the Court of Appeal Fees Regulations2001 (the Fees Regulations) were satisfied.[3] Mr McGuire has applied for that decision to be reviewed by a Judge of thisCourt. In doing so, he has asked that the Court give consideration to also waiving thesetting down fee for his appeal. At this stage, it does not appear that any applicationhas been made. An application must be made and a decision given, beforeMr McGuire can review it.[4] Regulation 5 of the Fees Regulations provides that a Registrar may waive a feepayable if the applicant is unable to pay the fee or the proceeding concerns a matter ofgenuine public interest and is unlikely to be commenced or continued unless the fee iswaived.[5] Mr McGuire accepts that the first ground is not available to him. Hisapplication is therefore based on a combination of the propositions that his appealconcerns a matter of genuine public interest and is unlikely to be commenced orcontinued unless the fee is waived.[6] The two requirements are cumulative. Mr McGuire has confirmed that,irrespective of whether these fees are waived, he will continue with his appeal. He is,as he has put it to the Registrar, "ready to go". Whether or not his appeal concerns amatter of genuine public interest, as to which I have considerable reservations, thereis no basis upon which the Registrar may waive the fees.[7] The application for a review of the Registrar's decision declining to waivefiling fees is declined.________________________Clifford J