Rafiq v Commissioner of Police

IN THE COURT OF APPEAL OF NEW ZEALAND

CA210/2014
[2014] NZCA 321

BETWEEN	RAZDAN RAFIQ Appellant
AND	COMMISSIONER OF NEW ZEALAND POLICE Respondent

Counsel:

Appellant in Person
S Kinsler for Respondent

Judgment:

(On the papers)

14 July 2014 at 10 am

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 30 July 2014.
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REASONS

On 26 May 2014 the appellant, Razdan Rafiq, applied to review a decision made by the Registrar on 15 May 2014, 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 June 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.
The Registrar was also entitled to give weight to the unequivocal conclusion of Courtney J, whose judgment is the subject of Mr Rafiq’s appeal, that his application to pursue a claim against the Commissioner lacked merit and it would be wrong to expose the Commissioner to the inevitable costs of defending a proceeding without any prospects of success.[1]
[1]Rafiq v Commissioner of New Zealand Police [2014] NZHC 813 at [29]–[32].
Mr Rafiq has failed to establish that the Registrar erred. Additionally I am independently 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 30 July 2014.

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

The appeal in the case of Rafiq v Commissioner of New Zealand Police was heard in the Court of Appeal of New Zealand. The appellant, Razdan Rafiq, sought to review a decision made by the Registrar on 15 May 2014, which declined his application to dispense with security for costs. Rafiq was directed to pay $5,880.00 as security for costs by 12 June 2014. The appeal against this decision was dismissed, with an extended deadline for payment of the security.

The central legal issue in this case was whether the appellant, Rafiq, could demonstrate that it was in the interests of justice to waive the requirement for him to provide security for costs. The Registrar's decision was based on the lack of exceptional circumstances justifying dispensation and the absence of an issue of public importance. The Court also considered the view of Courtney J, who had previously found that Rafiq's claim lacked merit and that it would be unjust to expose the Commissioner to potential costs without any chance of success.

The Court of Appeal found that Rafiq had not established any error in the Registrar's decision. Harrison JA noted that the appeal had no merit or prospects of success, reinforcing the decision to require Rafiq to pay the security for costs. The Court was satisfied that the appeal did not raise an issue of public importance or significance, and therefore, the application to review was dismissed. Rafiq was required to pay the security for costs by 30 July 2014.

The final order of the Court was that the application to review the Registrar’s decision was dismissed. The appellant, Rafiq, was to pay the sum of $5,880.00 by way of security for costs on or before 30 July 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established