IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2024-485-790
[2025] NZHC 783
IN THE MATTER of an appeal of a decision of the Human Rights Review Tribunal BETWEEN
ARTEMIS INDIGO DELILAH DAVIS
Appellant
AND
SARAH LEE HUSSEY
First Respondent
BATH STREET TAP ROOM LIMITED
Second Respondent
Hearing: On the papers Appearances:
Appellant in person
J Eckford for Respondents
Judgment:
4 April 2025
JUDGMENT OF GRICE J
(Re Security of costs and interim payment)
Security for costs
[1] The appellant appealing a decision of the Human Rights Review Tribunal,1 has sought a waiver for payment of security for costs. The respondents seek the sum of
$1,195 pursuant to r 20.13 of the High Court Rules 2016 (HCRs). The appellant also seeks an order for an interim payment of damages.
1 Davis v Hussey & Ors. (Strike Out) [2024] NZHRRT 35 [decision being appealed].
DAVIS v HUSSEY [2025] NZHC 783 [4 April 2025]
[2] The appellant has now filed an affidavit settling out their assets and liabilities pursuant to the direction in my minute of 4 March 2025.2 That affidavit also refers to the merits of the appeal and the effect of the underlying incident (in relation to employment) on the appellant.
Principles
[3] As the respondents points out, when considering an application for wavier of security for costs, the Courts have indicated that the broad general test is whether “the interests of justice” that no security be provided are satisfied. The usual position is that security is the norm, and exceptional circumstances are required to justify a waiver.3 Those circumstances include the importance of issues raised and the public interest in determining them. The commentary in McGechan refers to RIG v Chief Executive of the Ministry of Social Development where the High Court noted the impecuniosity by itself does not justify waiver, although it may be a reason to reduce the quantum of security.4 The commentary also refers to the High Court decision of Chatha v Whanganui Gas Ltd that held that it would have to be shown that the case was “deserving of a consideration on appeal”. Further, the Court was prepared to grant waiver to an impecunious litigant on the basis there was an arguable case on appeal.5
Financial position
[4] In relation to the impecuniosity of the appellant, as the respondents point out, the information in the affidavit as to assets and liabilities is not accompanied by any supporting evidence nor does it contain relevant details.
[5] The appellant attributes their state of poverty to the respondents’ perpetual interference with their livelihood “having deprived” the appellant of “all professional opportunities which had previously been available”.
2 Davis v Hussey & Anor HC Wellington CIV-2024-485-790, 4 March 2025 [Minute of case management conference].
3 J K Gorman and S M Grieve KC (ed) McGechan on Procedure (looseleaf ed, Thomson Reuters) [McGechan] at [HR 20.13.03], citing G v Chief Executive of the Ministry of SocialDevelopment [2010] NZSC 141.
Continue reading Davis v Hussey
Sign in free to access the full text
- AGLC
- Davis v Hussey [2025] NZHC 783
- Case
- [2025] NZHC 783
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the appellant's application for a waiver of security for costs should be granted, considering her impecuniosity and the importance of the issues raised on appeal. The court also had to decide whether the appellant was entitled to an interim payment of damages. The court applied the principle that a waiver for security of costs is typically not granted unless exceptional circumstances are present, which include the importance of the issues and the public interest in their determination. Additionally, the court considered whether the appellant had an arguable case on appeal.
Grice J concluded that the merits of the appeal did not appear strong, as the issues were fact-specific and not of general importance. The court found that the material provided regarding the appellant's financial circumstances did not sufficiently support a reduction in the amount of security. Therefore, the application for waiver of security of costs was dismissed. Furthermore, the court found no basis for an interim payment of damages, as there was no possible claim for damages in the appeal that could fall within the provisions of the relevant rule. The court directed the appellant to pay the security for costs within five working days from the date of judgment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.