17 Dec 2021
Because the defendant only made a partial payment after the liquidation application was filed and failed to engage prior to commencement, and because the application to dismiss was non-compliant and unnecessary, it was not appropriate to order the plaintiff to pay the defendant's filing fees; therefore the defendant's application is declined.
28 Mar 2019
Special leave to extend time for filing the appeal was granted because the effective delay measured from when the appellant's solicitor actually received the District Court judgment was substantially shorter, the primary cause of delay was a genuine solicitor error about filing fees which was remedied, there was no disqualifying conduct by the appellant, and no demonstrable prejudice to the respondent given the judgment did not order payments to her; on balance granting an extension met the overall interests of justice.
28 Feb 2019
The Registrar's refusal to waive the filing fee is upheld because the proceedings did not concern a matter of genuine public interest under reg 5(2), the contempt arguments were held to be misconceived and particular to the facts, no penalty was imposed, and the applicant did not demonstrate impecuniosity or a barrier to commencing the appeal without a waiver.
21 Mar 2017
The Registrar correctly applied the Court of Appeal Rules and principles: s 414 does not displace the Rules; the appellant did not establish impecuniosity or exceptional circumstances and the appeal is weak and case-specific, therefore refusal to dispense with security was correct and $6,600 security must be paid into Court by the stated date.
18 Dec 2015
Reg 7(3) of the Court of Appeal Fees Regulations 2001 barred the applicant from taking any further step in the proceeding after 11 August 2015 because the original filing fee remained unpaid; therefore the Deputy Registrar correctly refused to accept the extension application filed on 5 October 2015 and the application for review is declined; accordingly the earlier judgment of 1 December 2015 is recalled and the extension application is not to be accepted for filing.
1 Apr 2014
Judge Wilson properly exercised his discretion under s118(1)(a) in directing a rehearing before a differently constituted Tenancy Tribunal; the appellant failed to demonstrate any relevant error of law or fact (including that changes to fees or tribunal policies made the direction unjust), so the High Court dismisses the appeal and affirms the direction for rehearing before a differently constituted Tribunal.
25 Aug 2010
The Registrar correctly refused to waive the filing fee because the purported appeal is a civil proceeding for fee purposes, the proceeding did not involve a genuine public interest under Reg 6, and the applicant admitted he could pay; therefore Reg 6(2) grounds were not met and the refusal is confirmed.
4 May 2010
The proceedings were struck out because, after the Registrar lawfully refused a waiver, regulation 8(3) prohibited the applicant from taking any step until the filing fee was paid; the applicant's continued failure and refusal to pay and to comply with directions constituted an abuse of process justifying strike out and an award of costs to the respondents on a 2B basis; the pendency of the underlying District Court hearing further undermined the relief sought.