Xuarez & O'Halloran & Anor

The case of Xuarez & O'Halloran & Anor involved an application by Mr Xuarez seeking an order that either the respondents or the Registrar of the Court should prepare the appeal books for the appeal. The dispute centred on Mr Xuarez's assertion that preparing the appeal books would impose exceptional hardship on him due to his financial circumstances, non-English speaking background, and the fact that the respondents were legally represented and in receipt of legal aid. The matter was heard in the Court of Appeal.

The primary legal issue before the court was whether the Registrar was correct in dismissing Mr Xuarez's application for an order that either the respondents or the Registrar prepare the appeal books. The court had to consider the grounds put forward by Mr Xuarez and assess whether they were sufficient to establish that preparation of the appeal books would impose exceptional hardship on him. The court was also required to determine whether Mr Xuarez had misconstrued the provisions of the relevant rule.

In considering Mr Xuarez's application, the Registrar noted that the evidence of his financial position was limited and that he had not provided evidence of the likely costs of photocopying and binding. The Registrar concluded that she was not satisfied that Mr Xuarez had no capacity to meet the costs of preparing the books and therefore, was not satisfied that preparation would impose an exceptional hardship on him. The Registrar also concluded that Mr Xuarez had not demonstrated that his non-English speaking background would impose exceptional hardship and that his argument misconstrued the rule. The Registrar correctly determined that only if the Court is satisfied that it would impose exceptional hardship on the appellant should it then consider the possibility of the Registrar or a respondent being ordered to prepare the books.

The application was dismissed, and Mr Xuarez was ordered to pay each respondent's costs of the application fixed in the sum of $1,320.00 plus GST.