Prescott v Police

[2018] NZSC 43

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 18/2018
 [2018] NZSC 43

BETWEEN	PETER RICHARD PRESCOTT Applicant
AND	NEW ZEALAND POLICE Respondent

Court:	Elias CJ, William Young and Ellen France JJ
Counsel:	Applicant in person K M Wakelin and G E W Montgomery for Respondent
Judgment:	9 May 2018

JUDGMENT OF THE COURT

AThe applicant’s applications for leave to appeal and to set aside the High Court judgment are dismissed.

BThe applicant is to pay the respondent costs of $2,500.

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REASONS

1. The applicant applied to the Court of Appeal for leave to appeal out of time against the dismissal in the High Court of an application to set aside a bankruptcy notice[1] and sought a waiver in respect of the filing fee.  This was refused by the Deputy Registrar.  His application to review that decision was dismissed by Brown J.[2]  He now seeks leave to appeal to this Court against the decision of Brown J.

   [1]Prescott v New Zealand Police [2017] NZHC 2701 (Associate Judge Bell).

   [2]Prescott v New Zealand Police [2018] NZCA 16.

2. The point which the applicant wishes to advance is that he is not a “person” and thus not subject to the Insolvency Act 2006.  We do not propose to engage with this argument, save to say that it is self-evidently wrong.

3. The application for leave to appeal is dismissed as is a further document which the applicant has filed, styled “[a]pplication as of right to have the judgment of Associate Judge Bell set aside under the doctrine on ex debito justitiae”.

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

Solicitors:
Meredith Connell, Auckland for Respondent