New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dispensation of costs

Legal area

Court

7 Feb 2014

RAFIQ v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT CA812/2013 [2014] NZCA 4

Citation

[2014] NZCA 4
Court

Court of Appeal

The Registrar did not err: the applicant failed to show exceptional circumstances to dispense with security for costs, impecuniosity alone is insufficient, and the appeal lacked merit and prospects of success; therefore the application to review is dismissed and security of $5,880 must be paid by the date ordered.
11 Feb 2013

RABSON v WAYNE SEYMOUR CHAPMAN COA CA855/2012

Citation

RABSON v WAYNE SEYMOUR CHAPMAN COA CA855/2012
Court

Court of Appeal

The Registrar's refusal to dispense with or reduce security for costs was upheld because the appellant failed to provide current financial evidence of impecuniosity, respondent produced evidence indicating the appellant had access to assets, there were no exceptional circumstances or public importance demonstrated, and the appeal did not appear compelling; accordingly security set at $5,880 remains payable before the fixture.