McGuire v Manawatu Standards Committee

[2016] NZCA 374

IN THE COURT OF APPEAL OF NEW ZEALAND

CA275/2016
[2016] NZCA 374

BETWEEN	JEREMY JAMES MCGUIRE Appellant
AND	MANAWATU STANDARDS COMMITTEE First Respondent
LEGAL COMPLAINTS REVIEW OFFICER Second Respondent

Counsel:

Appellant in person

Judgment:

(On the papers)

4 August 2016 at 2.30 pm

JUDGMENT OF FRENCH J
(Application for Recall)

The application for recall is declined.

____________________________________________________________________

REASONS

1. In a judgment dated 28 July 2016 I declined Mr McGuire’s application for a review of the Registrar’s decision refusing to waive payment of a filing fee.[1]  I agreed with the Registrar that Mr McGuire’s appeal did not involve a matter of public interest as would justify waiver.

   [1]McGuire v Manawatu Standards Committee [2016] NZCA 364.

2. Mr McGuire has now applied to recall the judgment.  He does so on the grounds that I overlooked decisions in which judges have awarded costs to legal practitioners who successfully brought judicial review proceedings against disciplinary bodies.[2]

   [2]McGuire v Wellington Standards Committee (No 1) [2015] NZHC 448; McGuire v Manawatu Standards Committee [2015] NZHC 2100; Hong v Auckland Standards Committee No 3 [2016] NZHC 281.

3. In his recall application Mr McGuire does not explain how these cases are relevant to the issue of whether his appeal involves a matter of public interest.  I can only assume he considers the cases show the law on awarding costs to self‑represented lawyers is uncertain and therefore his appeal will bring clarity to the issue.  However, that is not so.  As stated in my judgment, the principles on awarding costs against public bodies are well settled.  Those principles do not include an absolute bar on awarding costs.  The existence of the cases cited by Mr McGuire therefore does not take matters any further as far as waiver of the filing fee is concerned.  He must pay this immediately.

4. The application for recall is declined.