RAZDAN RAFIQ v COMMISSIONER OF NEW ZEALAND POLICE [2015] NZSC 4
Leave to appeal was dismissed because Wild J properly applied the Reekie principles; the proposed appeal did not raise any issue of general or public importance and the material did not demonstrate a risk of a substantial miscarriage of justice.
Source-derived case information.
- Citation
- [2015] NZSC 4
- Parties
- Applicant: Razdan Rafiq; Respondent: Commissioner of New Zealand Police
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 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, Limitation Period (s 4(6 A)), Leave to Appeal, Costs
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 / Leave Application — Dismissed by Supreme Court
Legal Issues
- 1 Whether the Registrar's decision refusing to dispense with security for costs was correctly reviewed by Wild J
- 2 Whether the proposed appeal raises an issue of general or public importance
- 3 Whether there is a substantial miscarriage of justice if leave is refused
Ratio Decidendi
Leave to appeal was dismissed because Wild J properly applied the Reekie principles; the proposed appeal did not raise any issue of general or public importance and the material did not demonstrate a risk of a substantial miscarriage of justice.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed
- Costs awarded to respondent in the sum of $2,500
Full Case Text
Judgment text and source record
1 paragraphs
RAZDAN RAFIQ v COMMISSIONER OF NEW ZEALAND POLICE [2015] NZSC 4 [16 February 2015]IN THE SUPREME COURT OF NEW ZEALANDSC 116/2014[2015] NZSC 4BETWEEN RAZDAN RAFIQApplicantAND COMMISSIONER OF NEW ZEALANDPOLICERespondentCourt: McGrath, Glazebrook and O'Regan JJCounsel: The Applicant in PersonA F Todd for RespondentJudgment: 16 February 2015JUDGMENT OF THE COURTA The application for leave to appeal is dismissed.B Costs of $2,500 are awarded to the respondent.____________________________________________________________________REASONS[1] Mr Rafiq applies to this Court for leave to appeal against the decision of Wild J in the Court of Appeal.1 In that decision, Wild J dismissed Mr Rafiq'sapplication for review of a decision of the Registrar of the Court of Appeal. The decision of the Registrar dealt with an application by Mr Rafiq for an order dispensing with security for costs in relation to an appeal by Mr Rafiq against a decision of Courtney J in the High Court.2 Courtney J dismissed Mr Rafiq'sapplication for leave to bring a defamation action against the Commissioner of1 Rafiq v The Commissioner of the New Zealand Police [2014] NZCA 492 (Wild J).2 Rafiq v Commissioner of New Zealand Police [2014] NZHC 814 (Courtney J).Police after the expiration of the two year period provided for in s 4(6A) of the Limitation Act 1950.[2] Wild J applied the principles in relation to dispensing with security for costs in the Court of Appeal that were settled by this Court in Reekie v Attorney-General.3Accordingly, the proposed appeal does not raise any issue of general or public importance. However, Mr Rafiq argues that leave should be granted because a substantial miscarriage of justice has occurred or will occur if leave is not given. However, nothing in the material he has placed before this Court indicates that Wild J erred in any respect in his application of the principles stated inReekie v Attorney-General. We are therefore satisfied that there is no risk of a miscarriage of justice.[3] The application for leave to appeal is therefore dismissed.[4] Costs of $2,500 are awarded to the respondent.Solicitors:Crown Law Office, Wellington for Respondent.3 Reekie v Attorney-General [2014] NZSC 63, [2014] 1 NZLR 737.