New Zealand Case Law: Decisions & Judgments

Topic

Registrar's powers

Legal area

Court

12 Dec 2022

NAVARATNAM v HG METAL MANUFACTURING LTD [2022] NZCA 619

Citation

[2022] NZCA 619
Court

Court of Appeal

The Court upheld the Deputy Registrar's short extension of time to appeal because the delay was minimal, caused no prejudice, and the adjudication order was significant; the appellant's prior non-compliance did not justify denying the very short extension, but further non-compliance will risk striking out the appeal. The Court declined to resolve the broader question of the scope of the Registrar's powers under r 5A as it was unnecessary for the determination.
29 Mar 2022

PERFECTO v IMMIGRATION AND PROTECTION TRIBUNAL [2022] NZHC 639

Citation

[2022] NZHC 639
Court

High Court

The Registrar correctly refused to accept the documents because no identifiable decision of a lower authority was identified that could be appealed or judicially reviewed, and the Registrar is entitled to refuse to file documents that do not disclose a proper basis for proceedings; therefore the applicant's r 2.11 review application is declined.
14 May 2014

EVGENY ORLOV V THE NATIONAL STANDARDS COMMITTEE NO 1 CA127/2014 [2014] NZCA 182

Citation

(2014) 22 PRNZ 120
Court

Court of Appeal

The Registrar was correct to refuse to consider the late r 35(6) application because the 20 working day period in r 35(7)(a) is not extendable by the Registrar; even on the merits the appellant failed to provide sufficient financial particulars to justify dispensing with security, so the Registrar's decision is upheld and security of $5,880 is required.
30 Aug 2013

SIEMER v REGISTRAR OF THE COURT OF APPEAL & ANOTHER [2013] NZHC 2240

Citation

[2013] NZHC 2240
Court

High Court

Section 74(2) of the District Courts Act operated to deem the High Court appeal abandoned when the ordered security for costs was not paid in time, leaving no extant High Court appeal to underpin an appeal to the Court of Appeal; accordingly the Registrar correctly declined to accept the notice of appeal, the issues raised have been finally determined by superior courts, the plaintiff's claim is a collateral attack and discloses no reasonably arguable cause of action, and the statement of claim must be struck out.

New Zealand Case Law

NAVARATNAM v HG METAL MANUFACTURING LTD [2022] NZCA 619

PERFECTO v IMMIGRATION AND PROTECTION TRIBUNAL [2022] NZHC 639

EVGENY ORLOV V THE NATIONAL STANDARDS COMMITTEE NO 1 CA127/2014 [2014] NZCA 182

SIEMER v REGISTRAR OF THE COURT OF APPEAL & ANOTHER [2013] NZHC 2240