RAZDAN RAFIQ v CHIEF EXECUTIVE OF THE DEPARTMENT OF INTERNAL AFFAIRS [2015] NZSC 10
Leave to appeal was refused because the Registrar was entitled to consider the applicant's history of numerous unmeritorious proceedings and views of other judges that the litigation amounted to abuse of process, and there was no departure from the principles in Reekie that raised a matter of general or public...
Source-derived case information.
- Citation
- [2015] NZSC 10
- Parties
- Applicant: Razdan Rafiq; Respondent: Chief Executive of the Department of Internal Affairs
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 February 2015
- Procedural Posture
- Application for Leave to Appeal / Leave Application Dismissed by Supreme Court
- Outcome
- application for leave to appeal dismissed
- Legal Topics
- Security for Costs, Abuse of Process, Leave to Appeal, Dispensing With Security for Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Razdan Rafiq
Applicant
Chief Executive of the Department of Internal Affairs
Respondent
Procedural Posture
Application for Leave to Appeal / Leave Application Dismissed by Supreme Court
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the Registrar was entitled to refuse to dispense with security for costs
- 3 Whether the Registrar properly considered the applicant's history of unmeritorious proceedings and abuse of process
Ratio Decidendi
Leave to appeal was refused because the Registrar was entitled to consider the applicant's history of numerous unmeritorious proceedings and views of other judges that the litigation amounted to abuse of process, and there was no departure from the principles in Reekie that raised a matter of general or public importance.
Court Disposition
application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed
- Applicant must pay costs of $2,500 to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
RAZDAN RAFIQ v CHIEF EXECUTIVE OF THE DEPARTMENT OF INTERNAL AFFAIRS [2015] NZSC 10 [20 February 2015]IN THE SUPREME COURT OF NEW ZEALANDSC 117/2014[2015] NZSC 10BETWEEN RAZDAN RAFIQApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF INTERNALAFFAIRSRespondentCourt: McGrath, William Young and Arnold JJCounsel: Applicant in PersonN Whittington and O Klaassen for RespondentJudgment: 20 February 2015JUDGMENT OF THE COURTA The application for leave to appeal is dismissed.B The applicant must pay costs of $2,500 to the respondent._________________________________________________________________REASONS[1] Mr Rafiq seeks leave to appeal against a decision of Harrison J dismissing his application for review of the decision of the Registrar of the Court of Appeal refusing to dispense with security for costs and ordering him to pay security for costs on or before 3 November 2014.1[2] Harrison J held that the Registrar was entitled to "consider the sheer volumeof unmeritorious proceedings brought by Mr Rafiq as well as the views of a numberof Judges, presiding over other litigation brought by him, that Mr Rafiq's efforts are1 Rafiq v Department of Internal Affairs [2014] NZCA 501 (Harrison J).an abuse of procedure brought to vex and harass the various respondents".2 He held that the conclusion that it would not be right to require the respondent to defend the proceedings without the usual protection of security for costs was warranted.[3] The principles applicable to dispensing with security for costs in the Court of Appeal were addressed by this Court in Reekie v Attorney-General.3 Harrison J'sapproach is generally consistent with those principles.4 There is no departure that raises any new issue of general or public importance.[4] Leave to appeal is accordingly refused.Solicitors:Meredith Connell, Auckland for Respondent2 At [3].3 Reekie v Attorney-General [2014] NZSC 63.4 See Reekie at [35].