RAFIQ V THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT CA577/2013 [2013] NZCA 586
Applications dismissed: applicant failed to show that refusal to waive security for costs was contrary to the interests of justice (no arguable point of law or issue of public importance), and the Court has no jurisdiction to review the Registrar's fixture allocation decision where security has not been given.
Source-derived case information.
- Citation
- [2013] NZCA 586
- Parties
- Applicant: Razdan Rafiq; Respondent: Chief Executive of the Ministry of Business, Innovation and Employment
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 27 November 2013
- Procedural Posture
- Application to Review Registrar's Decisions / Judgment on the Papers (court of Appeal)
- Outcome
- Both applications dismissed
- Legal Topics
- Security for Costs, Allocation of Fixture, Jurisdiction to Review Registrar Decisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Razdan Rafiq
Applicant
Chief Executive of the Ministry of Business, Innovation and Employment
Respondent
Procedural Posture
Application to Review Registrar's Decisions / Judgment on the Papers (court of Appeal)
Legal Issues
- 1 Whether the Registrar erred in refusing to waive security for costs
- 2 Whether the Registrar erred in refusing to allocate a fixture
- 3 Whether the Court has jurisdiction to review a Registrar's allocation decision where the appellant has not given security for costs
Ratio Decidendi
Applications dismissed: applicant failed to show that refusal to waive security for costs was contrary to the interests of justice (no arguable point of law or issue of public importance), and the Court has no jurisdiction to review the Registrar's fixture allocation decision where security has not been given.
Court Disposition
Both applications dismissed
Orders
- Applications to review the Registrar's decisions refusing to waive security for costs and refusing to allocate a fixture are dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
DRAFTRAFIQ V THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT CA577/2013 [2013] NZCA 586 [27 November 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA577/2013[2013] NZCA 586BETWEEN RAZDAN RAFIQApplicantAND THE CHIEF EXECUTIVE OF THEMINISTRY OF BUSINESS,INNOVATION AND EMPLOYMENTRespondentCounsel: Applicant in personS Kinsler for the RespondentJudgment:(On the papers)27 November 2013 at 2.15 pmJUDGMENT OF HARRISON J(Application to Review Registrar's Decision)The applications to review the Registrar's decisions refusing to waive security for costs and refusing to allocate a fixture are dismissed.____________________________________________________________________REASONS[1] The appellant, Razdan Rafiq, has filed two separate applications to review the Registrar's decisions (a) refusing to waive security for costs, and (b) refusing to allocate a fixture.[2] The first decision was made on 24 September 2013. For the reasons given by the Registrar, I am satisfied that Mr Rafiq has failed to prove that her decision was not in the interests of justice. His application is based solely on financial impecuniosity. However, he has failed to identify any arguable point of law or any issue of general or public importance which requires waiver.[3] This Court has no jurisdiction to review a decision by the Registrar not to allocate a fixture on an appeal where an appellant has failed to give security for costs.[4] Both applications are dismissed.Solicitors:Crown Law Office, Wellington for Respondent