Gary Owen Burgess v Susan Natalie Beaven

[2015] NZSC 171

IN THE SUPREME COURT OF NEW ZEALAND

SC 102/2015
[2015] NZSC 171

BETWEEN	GARY OWEN BURGESS Applicant
AND	SUSAN NATALIE BEAVEN Respondent

Court:	William Young, Glazebrook and O'Regan JJ
Counsel:	Applicant in person A M Corry for Respondent
Judgment:	11 November 2015

JUDGMENT OF THE COURT

A        The application for leave to appeal is dismissed.

BThe applicant must pay costs of $2,500 to the respondent.

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REASONS

1. The applicant, Mr Burgess, applies for leave to appeal to this Court against a decision of Harrison J.[1]  In that decision, Harrison J upheld the decision of the Registrar of the Court of Appeal refusing to dispense with security for costs for Mr Burgess’ appeal to that Court.

   [1]Burgess v Beaven [2015] NZCA 373.

2. Mr Burgess’ underlying appeal to the Court of Appeal relates to a judgment of Nation J in the High Court[2] which in turn dismissed his application to waive the requirement to give security for costs on his appeal against a decision of the Family Court.[3]

   [2]Burgess v Beaven [2015] NZHC 790.

   [3]Burgess v Beaven [2014] NZFC 6378 (Judge Somerville).

3. In reviewing and upholding the Registrar’s decision, Harrison J applied the settled principles set out by this Court in Reekie v Attorney-General.[4]  Given those principles are settled, Mr Burgess’ application raises no issue of public or general importance.  Nothing that Mr Burgess raises in his application for leave to appeal suggests that those principles were wrongly applied and there is no appearance of a miscarriage of justice.

   [4]Reekie v Attorney-General [2014] NZSC 63, [2014] 1 NZLR 737.

Solicitors:
Dawson Innes, Christchurch for Respondent