14 Sept 2022
The application was struck out under r 5.35B because it is plainly an abuse of process: it fails to plead a legal cause of action, the defendants are not sufficiently identified, and claims against judicial officers are barred by absolute immunity; requiring respondents to answer would be manifestly unfair and an improper exercise of court processes.
31 Jan 2022
Leave to appeal was declined because the originating application together with extensive affidavits and a detailed letter of particulars sufficiently communicated the Commissioner's case, the Li test for directing a statement of claim was correctly applied (requiring necessity and proportionality), there was no arguable error of law or fact, and granting leave would cause unjustified delay inconsistent with the statutory emphasis on swift disposal of forfeiture matters.
30 Mar 2021
The High Court has inherent jurisdiction to stay a costs judgment pending appeal where justice requires and there is no statutory prohibition; applying the balancing factors, where an appropriate assurance or security is provided to protect the appellant's right of repayment, the balance of convenience does not favour a stay. In this case the applicant's written assurance satisfied the Court and the Crown's application to suspend payment was dismissed.
26 Jul 2019
r 17.29 was inapplicable because the challenged judgments concerned status rather than enforceable debts; the correct procedural path was r 12 Court of Appeal (Civil) Rules but, having regard to the circumstances and undertakings, the Court granted conditional interim stays to protect appeal rights: Mr Hampton's discharge was stayed pending his appeal (subject to diligent prosecution) and the liquidators were stayed from dealing with 854 Colombo Street pending Ms Sisson's appeal (subject to diligent prosecution), with leave reserved to review on 48 hours' notice if appeals are not diligently…
8 Jul 2015
The Court granted a conditional adjournment subject to an unless order: New Zealand solicitors must confirm by the deadline that they will become solicitors on the record, will instruct Mr Katz and will protect his fee, and $1500 must be paid for the day's adjournment by 5 pm on the specified Friday; failure to comply will result in dismissal of the appeal without further hearing; if complied with, specified timetable directions and hearing date apply.
3 Jul 2014
Registrar was justified in noting procedural defects but the Court nonetheless directed the Registrar to accept the applicant's handwritten documents, provide sample notice and a fee waiver form, and require the applicant to file a statement of claim and proper notice of proceeding; interim relief cannot be granted absent a substantive filed application.
25 Sept 2013
The review was dismissed because there was no suggestion of impecuniosity, the appellant's assertion of certain success did not justify waiving security, and the fixed amount was not excessive as it reasonably covered both hearing and preparation costs under the Court of Appeal (Civil) Rules 2005.
1 Apr 2008
Costs awarded to the successful respondent on the basis that the application was interlocutory; the appropriate scale items and time allowances for an interlocutory application were applied, the requested 10% uplift was rejected, and the modest amount at stake and offers to secure the debt did not justify reducing costs for the interlocutory application.