Malcolm Edward Rabson v Transparency International New Zealand Incorporated

[2015] NZSC 111

IN THE SUPREME COURT OF NEW ZEALAND

SC 51/2015
[2015] NZSC 111

BETWEEN	MALCOLM EDWARD RABSON Applicant
AND	TRANSPARENCY INTERNATIONAL NEW ZEALAND LIMITED Respondent

Court:	Glazebrook, Arnold and O'Regan JJ
Counsel:	Applicant in person D R Kalderimis and K E Yesberg for the Respondent
Judgment:	24 July 2015

JUDGMENT OF THE COURT

A        The application for leave to appeal is dismissed.

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

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REASONS

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

   [1]Rabson v Transparency International New Zealand Inc [2015] NZCA 188. While Mr John Creser was a plaintiff in the High Court, only Mr Rabson sought a review of the Registrar’s decision in the Court of Appeal: see [1] of Randerson J’s judgment. Similarly, the body of Mr Rabson’s application for leave to appeal specifies that only he seeks to appeal Randerson J’s judgment.

2. The applicant’s underlying appeal relates to judicial review proceedings instituted in the High Court against various decisions of the respondent. 

3. In dismissing the application for review of the Deputy Registrar’s decision, Randerson J applied the principles set out in Reekie v Attorney-General.[2]  Those principles are settled and the applicant’s application raises no point of public importance.  There is no appearance of a miscarriage of justice.

Result

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

1. The application for leave to appeal is dismissed.

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

Solicitors:
Chapman Tripp, Wellington for Respondent