SLAVICH v WELLINGTON DISTRICT COURT [2023] NZCA 314
The application for review of the Deputy Registrar's decision is declined because the proposed appeal does not raise issues of public interest and the Deputy Registrar correctly applied the principles that do not justify waiver of fees or dispensing with security for costs given the prior strike out of the...
Source-derived case information.
- Citation
- [2023] NZCA 314
- Parties
- Appellant: John Kenneth Slavich; First Respondent: Wellington District Court; Second Respondent: Attorney-General
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 21 July 2023
- Procedural Posture
- Judicial Review/appeal / Application for Review of Deputy Registrar Decision (on the Papers)
- Outcome
- Application for review of the Deputy Registrar's decision declined
- Legal Topics
- Filing Fee Waiver, Dispensing With Security for Costs, Abuse of Process, Strike Out, Appealability
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kenneth Slavich
Appellant
Wellington District Court
First Respondent
Attorney-General
Second Respondent
Procedural Posture
Judicial Review/appeal / Application for Review of Deputy Registrar Decision (on the Papers)
Legal Issues
- 1 Whether the filing fee should be waived on genuine public interest grounds
- 2 Whether security for costs should be dispensed with
- 3 Whether the proposed appeal raises questions of public interest warranting fee relief or court time
Ratio Decidendi
The application for review of the Deputy Registrar's decision is declined because the proposed appeal does not raise issues of public interest and the Deputy Registrar correctly applied the principles that do not justify waiver of fees or dispensing with security for costs given the prior strike out of the proceeding as disclosing no reasonably arguable cause of action and as an abuse of process.
Court Disposition
Application for review of the Deputy Registrar's decision declined
Orders
- Application for review of the Deputy Registrar's decision is declined.
Full Case Text
Judgment text and source record
1 paragraphs
SLAVICH v WELLINGTON DISTRICT COURT [2023] NZCA 314 [21 July 2023]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA100/2023[2023] NZCA 314BETWEEN JOHN KENNETH SLAVICHAppellantAND WELLINGTON DISTRICT COURTFirst RespondentATTORNEY-GENERALSecond RespondentCounsel: Appellant in personA P Lawson and A J Vincent for First RespondentP J Gunn and I M C A McGlone for Second RespondentJudgment:(On the papers)21 July 2023 at 9.30 amJUDGMENT OF GILBERT JThe application for review of the Deputy Registrar's decision is declined.____________________________________________________________________REASONS[1] Mr Slavich filed a proceeding in the High Court seeking judicial review of adecision of the District Court rejecting a charging document for filing on the groundthere was insufficient evidence to justify a trial. The High Court struck out thisproceeding on the grounds it disclosed no reasonably arguable cause of action and wasan abuse of process.1 Mr Slavich has filed a notice of appeal against this decision.1 Slavich v Wellington District Court [2023] NZHC 251.[2] Mr Slavich applied for the filing fee to be waived on the ground that theproceeding concerns a matter of genuine public interest. The application was declinedby the Deputy Registrar. Mr Slavich's application for review of that decision wasdeclined by Goddard J on 24 March 2023.2 The Judge was satisfied that the proposedappeal does not raise any issue that it would be in the public interest for this Court toconsider.[3] Mr Slavich then applied for Goddard J's judgment to be recalled. He appliedfor a waiver of the filing fee on that application on the genuine public interest ground.The Deputy Registrar declined to grant a waiver. Mr Slavich applied for a review ofthat decision. This was dismissed by Brown J on 21 June 2023.3[4] Mr Slavich also applied to dispense with security for costs. This applicationwas declined by the Deputy Registrar on 17 May 2023 on the basis that Mr Slavichdid not claim to be impecunious, the appeal does not raise any issue of publicimportance and costs are likely to follow the event in the usual way.[5] Mr Slavich applies for a review of this decision. The first respondent abides.The second respondent opposes.[6] Having read the materials, I reach the same conclusion as the Deputy Registrarfor the same reasons she gave.Result[7] The application for review of the Deputy Registrar's decision is declined.Solicitors:Crown Law Office | Te Tari Ture o te Karauna, Wellington for Respondents2 Slavich v Wellington District Court [2023] NZCA 76.3 Slavich v Wellington District Court [2023] NZCA 252.