Deliu v Attorney-General

In the Court of Appeal of New Zealand, Francisc Catalin Deliu has appealed against two judgments issued by Brewer J. These appeals have been consolidated and are scheduled to be heard on 6 August 2024. The primary legal issues before the Court involved whether Mr. Deliu should be required to provide security for costs on one of the appeals, and whether the decision to dispense with such security on another appeal should be reviewed. The respondents sought a review of the decision to dispense with security for costs, which was initially granted by the Deputy Registrar. The Court of Appeal, comprising Ellis J and Wylie J, set aside the Deputy Registrar’s decision and ordered Mr. Deliu to provide security for costs in the sum of $7,060. Mr. Deliu subsequently applied for a stay of this security requirement and any requirement to file and serve a case on appeal. He argued that he was not in default of paying security for costs as he was seeking leave to appeal to the Supreme Court, and he also intended to pursue the matter with the United Nations Human Rights Committee.

The Court of Appeal found that Mr. Deliu’s application for a stay was unnecessary. It was determined that under rule 37 of the Court of Appeal (Civil) Rules 2005, Mr. Deliu was not in default of paying security for costs until the Supreme Court determined his application for leave to appeal or the appeal itself. The Court emphasized that Mr. Deliu’s position was protected until the Supreme Court made its decision. The Court also found that Mr. Deliu’s intention to appeal to the United Nations Human Rights Committee did not warrant a pre-emptive stay from this Court. Additionally, the Court noted that Mr. Deliu had already agreed with the respondents and the Registrar that he would not be required to file his case on appeal until after the security for costs issues were resolved. Consequently, the application for a stay was declined.

The Court of Appeal declined Mr. Deliu’s application for a stay and ruled that the respondents were entitled to one set of costs for the standard application, on a band A basis, together with usual disbursements.