Malcolm John Rabson v Registrar of the Supreme Court and Ministry of Justice

[2015] NZSC 55

IN THE SUPREME COURTOF NEW ZEALAND

SC 21/2015
[2015] NZSC 55

BETWEEN	MALCOLM EDWARD RABSON Applicant
AND	REGISTRAR OF THE SUPREME COURT First Respondent
AND	MINISTRY OF JUSTICE Second Respondent

Court:	Glazebrook, Arnold and O'Regan JJ
Counsel:	Applicant in person
Judgment:	8 May 2015

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

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REASONS

1. Mr Rabson seeks leave to appeal against a judgment of Mallon J in the High Court where she struck out the applicant’s judicial review proceedings against the Registrar of this Court.[1]

   [1]Rabson v Registrar of the Supreme Court [2015] NZHC 403.

2. Under s 14 of the Supreme Court Act 2003, the Supreme Court can give leave to appeal directly to it against a decision of the High Court only in exceptional circumstances. 

3. As was recognised by this Court in Siemer v Registrar of the Supreme Court, in almost identical circumstances, “[i]f this Court is ultimately required to determine the procedural issue – as to whether judicial review is available in the High Court in respect of the Registrar’s decisions – it will be much assisted by the views of the Court of Appeal”.[2]  

   [2]Siemer v Registrar of the Supreme Court [2014] NZSC 100 at [2].

4. Nothing raised by the applicant meets the test under s 14.  The application for leave to appeal is dismissed accordingly.