New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dispensing security

Legal area

Court

26 Aug 2015

HARRISON v HARRISON CA144/2015 [2015] NZCA 396

Citation

[2015] NZCA 396
Court

Court of Appeal

The Registrar's refusal was correct because the appellant did not plead or prove impecuniosity or an existing legal aid grant, the appeal's merits are weak so a reasonable solvent litigant would not pursue it, and the Court cannot direct funds held by the Official Assignee to be applied to Court of Appeal security; accordingly security of $5,880 must be paid.
14 Nov 2007

PHILIP JOSEPH FAVA V EKHLAS ZAGHLOUL AND ORS CA CA568/07

Citation

openlaw-7f0e853f_d9b2_4bbe_8239_4f4d3bba84ee.pdf
Court

Court of Appeal

Given the late stage of the proceedings, the appellant's inability to provide the required security from his own resources, the likelihood that requiring security would terminate the appeal after substantial costs had already been incurred, and the fact that respondents' position was diminished by third‑party indemnity, the Court exercised its discretion to dispense with the security requirement and allow the appeal to proceed.