Medhi Jaffari and Tracy Jaffari v Livia Grabowski

The Supreme Court of New Zealand heard an application from Medhi and Tracy Jaffari to appeal a decision of the High Court of New Zealand, which had upheld a decision of the New South Wales District Court. The NSW court had entered a judgment against the Jaffaris in favour of Livia Grabowski, the executrix of her mother's estate, for a sum of AUD 186,480.83, with additional costs of AUD 73,077.37. The Jaffaris had applied to the High Court to set aside the liability judgment, but their application was refused, and the costs judgment was registered. The applicants now sought to appeal to the Supreme Court, but their application for leave to appeal was subject to a filing fee, which they sought to have waived on the basis that payment would cause them undue hardship.

The primary legal issue before the Court was whether the applicants' financial situation was such that the Supreme Court should exercise its discretion to waive the filing fee under regulation 5(3)(b)(iii) of the Supreme Court Fees Regulations 2003. The applicants argued that their income was sporadic and insufficient to meet their financial obligations, and that they had significant credit card debt. The Court examined the applicants' bank statements and determined that their financial position was precarious, and that if the fee were not waived, they would go further into debt. The Court found that the applicants' hardship would be undue and therefore granted the application to waive the filing fee.

The Supreme Court, in the person of McGrath J, found that the applicants' financial situation met the criteria for waiving the filing fee. The Court considered the applicants' income and expenses, and found that their situation qualified as undue hardship. The Court also rejected the Acting Registrar's statement that the applicants had a weekly income of $1,000, finding instead that their income was sporadic and insufficient to meet their financial obligations. The Court found that the applicants' hardship would be undue if the fee were not waived, and therefore granted the application to waive the filing fee.

In summary, the Supreme Court of New Zealand granted the Jaffaris' application to waive the filing fee for their appeal, finding that their financial situation met the criteria for undue hardship under the Supreme Court Fees Regulations 2003. The Court found that the applicants' income was sporadic and insufficient to meet their financial obligations, and that if the fee were not waived, they would go further into debt. The Court also rejected the Acting Registrar's statement that the applicants had a weekly income of $1,000, finding instead that their income was sporadic and insufficient to meet their financial obligations. The Court found that the applicants' hardship would be undue if the fee were not waived, and therefore granted the application to waive the filing fee.