New Zealand Case Law: Decisions & Judgments

Topic

Dispensation of security for costs

Legal area

Court

26 Oct 2023

ADAMSON v JONES [2023] NZCA 531

Citation

[2023] NZCA 531
Court

Court of Appeal

The Deputy Registrar acted within her discretion in declining the short, unexplained extension because the application lacked an accompanying dispensation application or explanation of delay, the appellants were experienced litigants, the delay risked prejudice to the respondent by stalling the appeal, and the prospects of a successful application to dispense security were negligible given the character of the appeal; accordingly the review application was declined.
15 May 2019

HAMPTON v MINTER ELLISON RUDD WATTS [2019] NZCA 159

Citation

[2019] NZCA 159
Court

Court of Appeal

The Court granted extensions of time because, applying Reekie, the interests of justice favored treating the applicant's October 31 application as extant given (1) the applicant was a litigant in person warranting latitude, (2) the default was short (approximately one week) and excused by illness, and (3) there was no demonstrated prejudice to respondents; the applicant was ordered to file supporting materials by a fixed date and the extension to seek allocation of a hearing date was granted conditionally on diligence if dispensation is obtained.
12 Dec 2017

MCGUIRE v SECRETARY FOR JUSTICE [2017] NZCA 583

Citation

[2017] NZCA 583
Court

Court of Appeal

Refund of filing and hearing scheduling fees declined because applicant did not satisfy reg 5(2)(b) requirement that the proceeding was unlikely to be commenced or continued unless fees were waived; extension of time to apply to dispense with security for costs granted due to injustice if barred by time limit; application for dispensation (and immediate refund) declined because it would inappropriately pre-empt the substantive five-judge panel's decision on costs and therefore the court must await that panel's judgment before ordering a refund of security.
23 Aug 2017

PATRICK v BANK OF NEW ZEALAND [2017] NZCA 362

Citation

[2017] NZCA 362
Court

Court of Appeal

The Court granted the extension of time because the delay was slight, an adequate explanation existed (replacement counsel and defective/misdirected legal aid application), and there was no prejudice to the respondent; r 36 did not apply because no valid legal aid application had been made at the time of appeal, and only the Court could extend time under r 5(2).
14 Oct 2014

RAFIQ V DEPARTMENT OF INTERNAL AFFAIRS CA496/2014 [2014] NZCA 501

Citation

[2014] NZCA 501
Court

Court of Appeal

The Registrar did not err: given the appellant's established pattern of unmeritorious and vexatious litigation, absence of exceptional circumstances, and the rule that impecuniosity alone does not justify dispensation, security for costs of $5,880 was properly required.
18 Dec 2013

MCCREADY V GREEN CABS LIMITED AND BROWN CA698/2013 [2013] NZCA 646

Citation

[2013] NZCA 646
Court

Court of Appeal

The Registrar's refusal to dispense with security for costs was correct: no exceptional circumstances were shown to depart from the normal requirement for security, the appeal appeared to have limited merit and no public interest justification for waiver was identified, therefore security for costs of $5,880 was ordered.

New Zealand Case Law

ADAMSON v JONES [2023] NZCA 531

HAMPTON v MINTER ELLISON RUDD WATTS [2019] NZCA 159

MCGUIRE v SECRETARY FOR JUSTICE [2017] NZCA 583

PATRICK v BANK OF NEW ZEALAND [2017] NZCA 362

RAFIQ V DEPARTMENT OF INTERNAL AFFAIRS CA496/2014 [2014] NZCA 501

MCCREADY V GREEN CABS LIMITED AND BROWN CA698/2013 [2013] NZCA 646