RAZDAN RAFIQ v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 104
The recall application was dismissed because the applicant failed to identify or substantiate any grounds for recall and the earlier refusal of leave was correctly based on absence of public or general importance and absence of appearance of miscarriage of justice.
Source-derived case information.
- Citation
- [2014] NZSC 104
- Parties
- Applicant: Razdan Rafiq; Respondent: The Chief Executive of the Ministry of Business, Innovation and Employment
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 6 August 2014
- Procedural Posture
- Leave to Appeal; Recall Application Concerning Security for Costs Order in Defamation Proceedings / Recall Application to the Supreme Court; Dismissed
- Outcome
- Application for recall of judgment dismissed
- Legal Topics
- Security for Costs, Leave to Appeal, Recall of Judgment, Judicial Review of Registrar Decisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Razdan Rafiq
Applicant
The Chief Executive of the Ministry of Business, Innovation and Employment
Respondent
Procedural Posture
Leave to Appeal; Recall Application Concerning Security for Costs Order in Defamation Proceedings / Recall Application to the Supreme Court; Dismissed
Legal Issues
- 1 Whether the leave to appeal on the security for costs order raised an issue of public or general importance
- 2 Whether there was an appearance of miscarriage of justice in the decision to refuse leave
- 3 Whether the Supreme Court judgment should be recalled for error or new material justification
Ratio Decidendi
The recall application was dismissed because the applicant failed to identify or substantiate any grounds for recall and the earlier refusal of leave was correctly based on absence of public or general importance and absence of appearance of miscarriage of justice.
Court Disposition
Application for recall of judgment dismissed
Orders
- Application for recall of judgment dismissed
Full Case Text
Judgment text and source record
1 paragraphs
RAZDAN RAFIQ v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 104 [6 August 2014]IN THE SUPREME COURT OF NEW ZEALANDSC134/2013[2014] NZSC 104BETWEEN RAZDAN RAFIQApplicantAND THE CHIEF EXECUTIVE OF THEMINISTRY OF BUSINESS,INNOVATION AND EMPLOYMENTRespondentCourt: Elias CJ, William Young and Arnold JJCounsel: Applicant in personW N Fotherby for RespondentJudgment: 6 August 2014JUDGMENT OF THE COURTThe application for recall of judgment is dismissed.____________________________________________________________________REASONS[1] The applicant applies for recall of a judgment of the Court dated 19 February 2014. In that judgment the Supreme Court declined leave to appeal against a decision of the Court of Appeal in which Harrison J on 27 November 2013 dismissed applications by Mr Rafiq to review decisions made by the Registrar of the Court of Appeal.1 Those decisions were a refusal to waive security for costs and to allocate afixture for Mr Rafiq's intended appeal against an order for security for costs made against him in the High Court2 in proceedings brought by Mr Rafiq against the Chief Executive of the Ministry of Business Innovation and Employment for defamation.1 Razdan Rafiq v The Chief Executive of the Ministry of Business, Innovation and Employment[2013] NZCA 586.2 Rafiq v Chief Executive of the Ministry of Business Innovation and Employment [2013] NZHC 1134 (Priestley J).[2] In the decision of 19 February 2014,3 the panel of the Court dealing with the leave application (Elias CJ, William Young and Arnold JJ) considered there was no issue of public or general importance in respect of the proposed appeal against the security for costs ordered in the Court of Appeal and no appearance of miscarriage of justice.[3] In the present application for recall of the judgment, Mr Rafiq raises no grounds which would justify recall of the judgment. He asserts, without further reasons, that the decision of the Court was in error and says that the "allegations thatare subject matter of this proceeding are presently being shared with otherdepartments and agencies and this action needs to end". No substantiation for theassertion that the Court of Appeal erred is provided by way of elaboration.[4] No basis for recall is made out. The application is accordingly dismissed.Solicitors:Meredith Connell, Auckland for Respondent3 Razdan Rafiq v The Chief Executive of the Ministry of Business, Innovation and Employment[2014] NZSC 7.