Koroniadis v Bank of New Zealand

[2013] NZCA 524

IN THE COURT OF APPEAL OF NEW ZEALAND

CA522/2013
[2013] NZCA 524

BETWEEN	ATHANASIOS KORONIADIS Appellant
AND	BANK OF NEW ZEALAND Respondent

Counsel:

Appellant in person
J Toebes for Respondent

Judgment:

(on the papers)

30 October 2013 at 2.30 pm

JUDGMENT OF MILLER J
(Review of Registrar’s decision declining to waive filing fee)

The application for review is granted.

____________________________________________________________________

REASONS

1. Mr Koroniadis has applied to review the Registrar’s decision declining to waive a filing fee of $1100.  This requires that he demonstrate undue financial hardship.[1]

   [1]Court of Appeal Fees Regulations 2001, reg 5(3)(b)(iii).

2. Mr Koroniadis is a student and is supported by welfare payments.  At this stage I am not prepared to discount the reasons which he advances for some of the larger purchases on his bank statements.  In the circumstances, the application for review is granted.

3. The effect of this decision is that Mr Koroniadis is not required to pay a filing fee on the application to extend time and the appeal itself.

4. It is important to note that this decision does not indicate that Mr Koroniadis will be able to avoid paying security for costs.  Different considerations apply to that decision, including the interests of the respondent and the merits of the appeal.

Solicitors:
JTLAW, Wellington for Respondent