30 Aug 2013
SIEMER v REGISTRAR OF THE COURT OF APPEAL & ANOTHER [2013] NZHC 2240
- Citation
- [2013] NZHC 2240
- Court
- High Court
Section 74(2) of the District Courts Act operated to deem the High Court appeal abandoned when the ordered security for costs was not paid in time, leaving no extant High Court appeal to underpin an appeal to the Court of Appeal; accordingly the Registrar correctly declined to accept the notice of appeal, the issues raised have been finally determined by superior courts, the plaintiff's claim is a collateral attack and discloses no reasonably arguable cause of action, and the statement of claim must be struck out.