RAFIQ V GOOGLE NEW ZEALAND LIMITED CA174/2014 [2014] NZCA 320
The Registrar did not err: impecuniosity alone is insufficient and there were no exceptional circumstances to waive security; the appeal has no real prospect of success; therefore the application to dispense with security for costs is dismissed and security of $5,880 is ordered.
Source-derived case information.
- Citation
- [2014] NZCA 320
- Parties
- Appellant: Razdan Rafiq; Respondent: Google New Zealand Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 14 July 2014
- Procedural Posture
- Appeal / Application to Review Registrar's Refusal to Dispense With Security for Costs; Decision on the Papers
- Outcome
- Application to review dismissed; security for costs ordered.
- Legal Topics
- Security for Costs, Dispensation, Impecuniosity, Prospects of Success, Review of Registrar Decision
Source-derived case record
Summary, issues, holding and outcome
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Parties
Razdan Rafiq
Appellant
Google New Zealand Limited
Respondent
Procedural Posture
Appeal / Application to Review Registrar's Refusal to Dispense With Security for Costs; Decision on the Papers
Legal Issues
- 1 Whether the Registrar erred in refusing to dispense with security for costs
- 2 Whether impecuniosity alone suffices to justify dispensing with security for costs
- 3 Whether there were exceptional circumstances to justify waiver of security
Ratio Decidendi
The Registrar did not err: impecuniosity alone is insufficient and there were no exceptional circumstances to waive security; the appeal has no real prospect of success; therefore the application to dispense with security for costs is dismissed and security of $5,880 is ordered.
Court Disposition
Application to review dismissed; security for costs ordered.
Orders
- Application to review 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
RAFIQ V GOOGLE NEW ZEALAND LIMITED CA174/2014 [2014] NZCA 320 [14 July 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA174/2014 [2014] NZCA 320BETWEEN RAZDAN RAFIQAppellantAND GOOGLE NEW ZEALAND LIMITEDRespondentCounsel: Appellant in PersonT Walker for RespondentJudgment:(On the papers)14 July 2014 at 10 amJUDGMENT OF HARRISON JA 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 toestablish it was in the interests of justice that costs be waived. In particular she was not satisfied that there were any exceptional circumstances justifying dispensation.Impecuniosity alone does not suffice.1 Furthermore, the appeal does not raise an issue of public importance or significance.[3] The Registrar was also entitled to give weight to the conclusion of Associate Judge Doogue, whose judgment is the subject of Mr Rafiq's appeal, that his application to pursue a claim against the Commissioner had little prospect of success.2[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:Simpson Grierson, Auckland for Respondent1 Fava v Zaghloul [2007] NZCA 498, (2008) 18 PRNZ 943 at [9].2 Rafiq v Google New Zealand Ltd [2014] NZHC 551 at [14]–[16].