24 Jun 2020
The appeal was struck out under r 44A(1) because the appellant failed to pay security for costs as directed and failed to prosecute the appeal with due diligence, which made it unfair to the respondent; no costs were ordered because the strike out was on the Court's own initiative.
12 Jun 2020
The respondent was entitled to costs; the appeal was categorised as a 2A matter and scale costs on a 2A basis were appropriate. The appropriate award was $5,975.00. Interest for any period prior to the costs award could not be granted and claimed costs for sealing an order that had not occurred were disallowed. The registry was directed to release $1,195.00 held as security for costs to the respondent with the balance of $4,780.00 payable by the appellant.
14 Jul 2014
The Supreme Court declined the application for review because the course proposed by Glazebrook J—that the applicant apply for recall of the Court of Appeal judgment—was sensible and likely the most expeditious way to resolve the underlying dispute over whether the appeal had been deemed abandoned, making the adjournment appropriate.
6 Dec 2013
Because Patterson did not pay the ordered security for costs and the appeal lacked any realistic prospect of success — the challenge sought to re-litigate default tax assessments that were final under the Tax Administration Act 1994 and barred by s 109 — the appeal was properly struck out under r 37(1).
30 Nov 2010
Leave to appeal was granted to determine the discrete question whether the Court of Appeal acted incorrectly in striking out the appellant's appeal CA 567/07 when it struck out his appeal CA 631/07 for non-payment of security for costs ordered for CA 631/07.