Chen v Auckland Weihao Investment Limited

[2021] NZCA 657

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA646/2020
 [2021] NZCA 657

BETWEEN	LIYUN CHEN Applicant
AND	AUCKLAND WEIHAO INVESTMENT LIMITED Respondent

Counsel:	Applicant in person D K Wilson for Respondent
Judgment: (On the papers)	3 December 2021 at 11.30 am

JUDGMENT OF MILLER J
(Review of Registrar’s Decision)

The application for review is declined.

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REASONS

1. This is an application for review of a Registrar’s decision to decline to waive security for costs.

2. The Registrar’s decision was manifestly correct and I adopt her reasons.  In short:  the applicant can pay costs;  because she has failed to pay costs ordered in other courts there is reason to think security is more than usually necessary to protect the successful party below;  and the claimed public interest in the litigation is tenuous.  I decline her invitation to speculate on the merits of the appeal but adopt (in her favour) an assumption that it is arguable.

3. The application for review is declined.  Ms Chen must pay security for costs of $7,060 by 23 December 2021.

Solicitors:
Raymond S Walker, Auckland for Respondent