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

[2013] NZCA 586

IN THE COURT OF APPEAL OF NEW ZEALAND

CA577/2013
[2013] NZCA 586

BETWEEN	RAZDAN RAFIQ Applicant
AND	THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Respondent

Counsel:

Applicant in person
S Kinsler for the Respondent

Judgment:

(On the papers)

27 November 2013 at 2.15 pm

JUDGMENT OF HARRISON J
(Application to Review Registrar’s Decision)

The applications to review the Registrar’s decisions refusing to waive security for costs and refusing to allocate a fixture are dismissed.

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REASONS

1. The appellant, Razdan Rafiq, has filed two separate applications to review the Registrar’s decisions (a) refusing to waive security for costs, and (b) refusing to allocate a fixture. 

2. The first decision was made on 24 September 2013.  For the reasons given by the Registrar, I am satisfied that Mr Rafiq has failed to prove that her decision was not in the interests of justice.  His application is based solely on financial impecuniosity.  However, he has failed to identify any arguable point of law or any issue of general or public importance which requires waiver. 

3. This Court has no jurisdiction to review a decision by the Registrar not to allocate a fixture on an appeal where an appellant has failed to give security for costs. 

4. Both applications are dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent