Dunstan v Riddell

Tanya Felicity Dunstan sought to appeal a decision by the Deputy Registrar of the Court of Appeal of New Zealand, who had declined to accept a promissory note as payment for security for costs. The appeal was directed against Christina Riddell, who was the respondent in the underlying case, and also named the Attorney-General as a first respondent and the Manukau Court as a second respondent. The appeal was heard on the papers, with Ms. Dunstan appearing in person and no counsel appearing for the respondents.

The central issue before the court was whether the Deputy Registrar's decision to decline the promissory note as payment for security for costs was reviewable, and if so, whether the decision was correct. This involved interpreting the relevant rules and statutes governing the payment of security for costs in the Court of Appeal and determining whether the promissory note met the criteria for acceptable payment. Additionally, the court had to assess whether the Deputy Registrar's decision to require a compliant application and a filing fee was in accordance with the procedural rules.

Collins J, who reviewed the application, found that the Deputy Registrar's decision was in line with the procedural rules. The promissory note did not meet the requirements for acceptable payment, and the Deputy Registrar's direction for a compliant application and the filing fee was consistent with the Court of Appeal (Civil) Rules 2005. The court also noted that Ms. Dunstan's allegations of errors in the judgment and claims of discrimination did not constitute a valid basis for recall or review. Consequently, the application for a review of the Deputy Registrar’s decision was declined.

There were no further orders made by the court in this matter. The decision confirmed that the Deputy Registrar's decision to decline the promissory note as payment for security for costs remained upheld, and Ms. Dunstan was required to comply with the procedural rules if she wished to pursue further review or recall of the judgment.