17 Nov 2023
The appeal is an abuse of process and is struck out: Walker J correctly applied r 5.35B to strike out the judicial review as a collateral attack on prior appellate judgments, the interlocutory application was moot, and the Supreme Court's limited comment did not entitle the appellant to a hearing; accordingly the Court of Appeal strikes out the appeal under r 44A.
2 Oct 2023
The Disciplinary Committee provided sufficient particulars and documentary material to satisfy natural justice; delay to date has not caused material prejudice preventing a fair hearing; public interest in professional accountability permits the disciplinary process to proceed, so judicial review relief is declined.
27 Jul 2023
The Deputy Registrar was correct that the proposed appeal did not raise a matter of general and public interest under reg 5(2)(b), but on review the Court found that, based on the applicants' provided financial information, there was a sufficient basis to grant fee waivers under reg 5(3)(b)(iii) for both applicants; the review is upheld and the waivers are granted allowing the leave application to be accepted for filing.
4 Jul 2023
Waiver of security was declined because, although the appellant may be impecunious, the appeal is not one that a solvent appellant would reasonably pursue and there is no public interest justification; exceptional circumstances for waiver are absent, so security was fixed at NZD 4,000 and must be paid within 10 working days or the appeal is deemed abandoned.
21 Jun 2023
The proceeding was not one of public interest under r 14.7(e); however r 14.7(d) applied because Southern Cross pursued a number of unsuccessful issues that significantly increased the respondents' costs, warranting a 20% reduction of the otherwise applicable 2B costs; disbursements were awarded in full.
19 Jun 2023
The Deputy Registrar and Court of Appeal correctly applied governing law: the proposed appeal is fact-specific and does not satisfy the genuine public interest threshold for a Supreme Court filing fee waiver; the application to dispense with security for costs was rightly refused applying Reekie principles; and a stay of execution of the High Court costs judgment was properly refused because the appeal lacked strength and public importance and the balance of convenience did not favor a stay.
19 Apr 2023
The stay was refused because the appeals would not be rendered nugatory without a stay, the applicants were bona fide, successful parties would be injuriously affected by delaying finalisation, the required maps must be prepared regardless and are funded so no significant waste would occur, and the overall balance of convenience favoured continuing to finalise the Stage 2 orders.
19 Dec 2022
Costs were not to be reserved; the applicant must pay costs to each respondent. The Council's preparation of its notice of opposition and affidavit did not warrant band C and was reduced to band B; an allowance for second counsel was justified by the urgency and significance of the interlocutory proceeding; there was no basis to reduce costs for public interest or charitable status. Specific awards: $7,160.50 to ARPHS and $6,503.25 to the Council.
18 Aug 2022
Leave to intervene was granted because the appeal raises complex issues of legal principle with public importance, MPS is uniquely placed to assist the Court with expertise relevant to those issues, and its participation is unlikely to materially lengthen the hearing or increase costs; the High Court's earlier refusal did not preclude intervention in this Court.
27 Jun 2022
The adjournment was granted because, on balance, the interests of justice required vacating the September 2022 three-week fixture: pleadings and discovery were not settled or complete, the civil proceedings risked prejudicing the plaintiffs' parallel criminal trials and vice versa, the nominated September claims were not truly representative and would not dispose of the litigation leading to inefficiency and risk of inconsistent decisions, and the plaintiffs' claims for past damages were not sufficiently urgent to outweigh these considerations.