RAFIQ V COMMISSIONER OF NEW ZEALAND POLICE CA210/2014 [2014] NZCA 321
The Registrar did not err: the appellant failed to establish exceptional circumstances to waive security for costs, impecuniosity alone is insufficient, and the appeal lacked merit so ordering security of $5,880 was justified.
Source-derived case information.
- Citation
- [2014] NZCA 321
- Parties
- Appellant: Razdan Rafiq; Respondent: Commissioner of New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 14 July 2014
- Procedural Posture
- Application to Review Registrar's Decision (security for Costs) / On the Papers (court of Appeal)
- Outcome
- Application to review the Registrar's decision dismissed.
- Legal Topics
- Security for Costs, Dispensation of Security, Impecuniosity, Merits Assessment, Public Importance
Source-derived case record
Summary, issues, holding and outcome
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Parties
Razdan Rafiq
Appellant
Commissioner of New Zealand Police
Respondent
Procedural Posture
Application to Review Registrar's Decision (security for Costs) / On the Papers (court of Appeal)
Legal Issues
- 1 Whether the Registrar erred in refusing to dispense with security for costs
- 2 Whether impecuniosity alone can justify dispensing with security for costs
- 3 Whether the appeal raises issues of public importance
Ratio Decidendi
The Registrar did not err: the appellant failed to establish exceptional circumstances to waive security for costs, impecuniosity alone is insufficient, and the appeal lacked merit so ordering security of $5,880 was justified.
Court Disposition
Application to review the Registrar's decision dismissed.
Orders
- Application to review Registrar's decision dismissed.
- Appellant to pay $5,880.00 by way of security for costs on or before 30 July 2014.
Full Case Text
Judgment text and source record
1 paragraphs
DRAFTRAFIQ V COMMISSIONER OF NEW ZEALAND POLICE CA210/2014 [2014] NZCA 321 [14 July 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA210/2014[2014] NZCA 321BETWEEN RAZDAN RAFIQAppellantAND COMMISSIONER OF NEW ZEALANDPOLICERespondentCounsel: Appellant in PersonS Kinsler for RespondentJudgment:(On the papers)14 July 2014 at 10 amJUDGMENT OF THE COURTA The application to review the Registrar's decision refusing to dispense withsecurity for costs is dismissed.B The appellant is to pay the sum of $5,880.00 by way of security for costs on or before 30 July 2014.____________________________________________________________________REASONS[1] On 26 May 2014 the appellant, Razdan Rafiq, applied to review a decision made by the Registrar on 15 May 2014, declining his application to dispense with security for costs on this appeal. She directed that the security be set at $5,880.00 and be paid on or before 12 June 2014.[2] The grounds for the Registrar's direction were that Mr Rafiq had failed to establish it was in the interests of justice that costs be waived. In particular she wasnot satisfied that there were any exceptional circumstances justifying dispensation. Impecuniosity alone does not suffice. Furthermore, the appeal does not raise an issue of public importance or significance.[3] The Registrar was also entitled to give weight to the unequivocal conclusionof Courtney J, whose judgment is the subject of Mr Rafiq's appeal, that hisapplication to pursue a claim against the Commissioner lacked merit and it would be wrong to expose the Commissioner to the inevitable costs of defending a proceeding without any prospects of success.1[4] Mr Rafiq has failed to establish that the Registrar erred. Additionally I am independently satisfied that the appeal has no merit or prospects of success. The application to review is dismissed. Mr Rafiq is to pay the sum of $5,880.00 by way of security for costs on or before 30 July 2014.Solicitors:Crown Law Office, Wellington for Respondent1 Rafiq v Commissioner of New Zealand Police [2014] NZHC 813 at [29]–[32].