JENE CHE TEWANA HAYWARD & ANOR v THE COMMISSIONER OF POLICE CA468/2013 AND CA464/2013 [2013] NZCA 668
The Registrar's decision is set aside and security for costs is waived because the appellants lack the financial resources to pay the security and the appeal cannot be described as hopeless, and the Crown's benefit from the forfeiture order does not negate the appropriateness of a waiver in these circumstances.
Source-derived case information.
- Citation
- [2013] NZCA 668
- Parties
- First Appellant: Jene Che Tewana Hayward; Second Appellant: Mariana Natalia Cristeahayward; Respondent: The Commissioner of Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 18 December 2013
- Procedural Posture
- Appeal / Review of Registrar's Decision Refusing Waiver of Security for Costs
- Outcome
- Application to review Registrar's decision granted; security for costs waived.
- Legal Topics
- Security for Costs, Waiver of Security for Costs, Impecuniosity, Forfeiture Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jene Che Tewana Hayward
First Appellant
Mariana Natalia Cristeahayward
Second Appellant
The Commissioner of Police
Respondent
Procedural Posture
Appeal / Review of Registrar's Decision Refusing Waiver of Security for Costs
Legal Issues
- 1 Whether the Registrar's refusal to waive security for costs should be reviewed
- 2 Whether the appellants are impecunious and unable to pay the security
- 3 Whether the appeal is hopeless such that security should not be waived
Ratio Decidendi
The Registrar's decision is set aside and security for costs is waived because the appellants lack the financial resources to pay the security and the appeal cannot be described as hopeless, and the Crown's benefit from the forfeiture order does not negate the appropriateness of a waiver in these circumstances.
Court Disposition
Application to review Registrar's decision granted; security for costs waived.
Orders
- Security for costs of $4,000.00 for the two appeals is waived
Full Case Text
Judgment text and source record
1 paragraphs
JENE CHE TEWANA HAYWARD & ANOR v THE COMMISSIONER OF POLICE CA468/2013 AND CA464/2013 [2013] NZCA 668 [18 December 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA468/2013[2013] NZCA 668BETWEEN JENE CHE TEWANA HAYWARDFirst AppellantAND THE COMMISSIONER OF POLICERespondentCA464/2013BETWEEN MARIANA NATALIA CRISTEAHAYWARDSecond AppellantAND THE COMMISSIONER OF POLICERespondentCounsel: DRI Gay for AppellantsJudgment:(On the papers)18 December 2013 at 2.00 pmJUDGMENT OF MILLER J(Review of Registrar's decision)The application to review the decision of the Registrar declining to waive security for costs is granted. Security is waived.____________________________________________________________________REASONS[1] The Haywards have applied to review the Registrar's decision refusing towaive security for costs, which was set at $4,000.00 for the two appeals.[2] I am sufficiently persuaded, as was the Registrar, that the appellants lack the financial resources to pay security. I accept that strictly speaking the Commissioner does not presently have security as a result of the High Court judgment, but the Crown does have the benefit of the forfeiture order. And while the appeal confronts findings of fact, it cannot be described as hopeless.[3] For these reasons the application is granted. Security for costs is waived.Solicitors:Crown Law Office, Wellington for Respondent