RAZDAN RAFIQ v COMMISSIONER OF NEW ZEALAND POLICE [2014] NZSC 181
Leave to appeal was refused because the proposed appeal did not raise any fresh issue of general or public importance, there was no error of principle in Harrison J's application of Reekie, and there was no risk of miscarriage of justice.
Source-derived case information.
- Citation
- [2014] NZSC 181
- Parties
- Applicant: RAZDAN RAFIQ; Respondent: COMMISSIONER OF NEW ZEALAND POLICE
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 December 2014
- Procedural Posture
- Application for Leave to Appeal / Supreme Court Determination on Leave
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Security for Costs, Leave to Appeal, Judicial Review of Registrar Decision, Application of Reekie Precedent
Source-derived case record
Summary, issues, holding and outcome
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Parties
RAZDAN RAFIQ
Applicant
COMMISSIONER OF NEW ZEALAND POLICE
Respondent
Procedural Posture
Application for Leave to Appeal / Supreme Court Determination on Leave
Legal Issues
- 1 Whether leave to appeal should be granted from the Court of Appeal decision ordering security for costs
- 2 Whether Harrison J erred in refusing to dispense with security for costs
- 3 Whether the proposed appeal raised a matter of general or public importance
Ratio Decidendi
Leave to appeal was refused because the proposed appeal did not raise any fresh issue of general or public importance, there was no error of principle in Harrison J's application of Reekie, and there was no risk of miscarriage of justice.
Court Disposition
Application for leave to appeal dismissed
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
RAZDAN RAFIQ v COMMISSIONER OF NEW ZEALAND POLICE [2014] NZSC 181 [10 December 2014]IN THE SUPREME COURT OF NEW ZEALANDSC 113/2014[2014] NZSC 181BETWEEN RAZDAN RAFIQApplicantAND COMMISSIONER OF NEW ZEALANDPOLICERespondentCourt: McGrath, William Young and Arnold JJCounsel: Applicant in PersonA Todd for RespondentJudgment: 10 December 2014JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS[1] The applicant seeks leave to appeal against a decision of Harrison J, dismissing the 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 The underlying appeal concerns a judgment of the High Court ordering the applicant to pay security for costs in proceedings brought against the Commissioner of New Zealand Police alleging that he had been assaulted by a police officer.21 Rafiq v Commissioner of New Zealand Police [2014] NZCA 500.2 Rafiq v Commissioner of New Zealand Police [2014] NZHC 2074.[2] The principles applicable to dispensing with security for costs in the Court of Appeal were settled by this Court in Reekie v Attorney-General.3 The proposed appeal does not raise any fresh issue of general or public importance. There is no error of principle in Harrison J's approach. Nor is there any risk of a miscarriage ofjustice.[3] The application for leave to appeal is dismissed.Solicitors:Crown Law Office, Wellington for Respondent3 Reekie v Attorney-General [2014] NZSC 63.