3 Aug 2022
Leave to appeal dismissed because the Court accepted Collins J's interpretation that the Court of Appeal formula incorporates the daily recovery rate in force when security for costs is set, not a preserved historical rate, and the proposed appeal lacked general importance, sufficient prospects of success and did not show an appearance of miscarriage of justice.
27 Nov 2020
The Supreme Court lacks originating jurisdiction to entertain an application for judicial review under the Judicial Review Procedure Act 2016; judicial review under that Act must be commenced in the High Court, and review of a Registrar's decision should be sought from a Judge of the supervising court rather than by an originating JR in the Supreme Court; accordingly the applications are dismissed.
18 Dec 2019
Permission to appeal was declined because the applicant remains subject to a prohibition on commencing or continuing civil proceedings under the reconstituted vexatious litigant order (ending 1 March 2022 as applied), the duty judge correctly allowed access only to the judgment and denied access to frivolous and abusive documents, and an appeal to the Court of Appeal would amount to commencing a civil proceeding caught by the prohibition.
11 Apr 2018
The fee-waiver power for access to court documents in this context is governed by s161 of the Senior Courts Act 2016; a Deputy Registrar's decision under s161 is amenable to review by rehearing under the Court's supervisory powers; on the facts the civil restraining/forfeiture proceedings did not involve sufficient public interest to justify waiver and the $30 fee was not prohibitive, therefore waiver was not warranted and the review application must be declined.
13 Sept 2017
Leave to appeal was declined because the Care of Children Act appeal regime governed (s145(1)(b)), s56(4) Senior Courts Act did not apply, the proposed appeals had weak prospects on the merits, further delay would prejudice the respondent and the child, and the child's welfare outweighed the applicant's reasons for non-compliance; the appropriate avenue to revisit the parenting order is a Family Court variation application.