Rafiq v Chief Executive of the Ministry of Business, Innovation and Employment

IN THE COURT OF APPEAL OF NEW ZEALAND

CA812/2013
[2014] NZCA 4

BETWEEN

RAZDAN RAFIQ
Appellant

AND

CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT
First Respondent

COMMISSIONER OF POLICE
Second Respondent

Counsel:

Appellant in Person
S Kinsler for Respondent

Judgment:

(On the Papers)

7 February 2014 at 2.15 pm

JUDGMENT OF HARRISON J

AThe application to review the Registrar’s decision refusing to dispense with security for costs is dismissed.
BThe appellant is to pay the sum of $5,880.00 by way of security for costs on or before 12 February 2014.

____________________________________________________________________

On 3 January 2014 the appellant, Razdan Rafiq, applied to review a decision made by the Registrar on 23 December 2013, declining his application to dispense with security for costs on this appeal. She directed that the security be set at $5,880.00 and be paid on or before 12 February 2014.
The grounds for the Registrar’s direction were that Mr Rafiq had failed to establish it was in the interests of justice that costs be waived. In particular she was not satisfied that there were any exceptional circumstances justifying dispensation. Impecuniosity alone does not suffice. Furthermore, the appeal does not raise an issue of public importance or significance.
Mr Rafiq has requested that his application be referred to Harrison J for determination to enable the initiation of a further appeal to the Supreme Court.
Mr Rafiq has failed to establish that the registrar erred. Additionally I am satisfied that the appeal has no merit or prospects of success. The application to review is dismissed. Mr Rafiq is to pay the sum of $5,880.00 by way of security for costs on or before 12 February 2014.

_____________________________

Justice Rhys Harrison

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

In the Court of Appeal of New Zealand, Razdan Rafiq, the appellant, sought to challenge a decision made by the Registrar of the Court refusing to waive the requirement for security for costs in his appeal. The Chief Executive of the Ministry of Business, Innovation and Employment, and the Commissioner of Police were the respondents in the case. The appeal arose from an initial decision by the Registrar that Mr Rafiq was required to provide security for costs, a sum of $5,880.00, which was to be paid by 12 February 2014. The Registrar had ruled that Mr Rafiq had not demonstrated that it was in the interests of justice for costs to be waived, nor had he shown any exceptional circumstances justifying such dispensation.

The primary legal issue the Court of Appeal needed to decide was whether the Registrar’s decision to deny Mr Rafiq's application to dispense with security for costs was erroneous. The Court also had to assess if the appeal raised issues of public importance or significance that would warrant a waiver of costs. Additionally, the Court had to determine whether Mr Rafiq's appeal had any merit or prospects of success, which would justify allowing further appeal to the Supreme Court.

Justice Rhys Harrison found that Mr Rafiq had not demonstrated that the Registrar had erred in her decision. The Court was satisfied that the appeal lacked merit and had no prospects of success. It was noted that the mere fact of being impecunious was not sufficient grounds for dispensing with security for costs. Furthermore, the appeal did not involve any issue of public importance or significance. Consequently, the application for review was dismissed, and Mr Rafiq was required to pay the sum of $5,880.00 by the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established