Rafiq v Google New Zealand Limited
[2014] NZCA 320
•14 July 2014 at 10 am
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA174/2014 [2014] NZCA 320 |
| BETWEEN | RAZDAN RAFIQ |
| AND | GOOGLE NEW ZEALAND LIMITED |
| Counsel: | Appellant in Person |
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.[1] Furthermore, the appeal does not raise an issue of public importance or significance.
[1]Fava v Zaghloul [2007] NZCA 498, (2008) 18 PRNZ 943 at [9].
The Registrar was also entitled to give weight to the conclusion of Associate Judge Doogue, whose judgment is the subject of Mr Rafiq’s appeal, that his application to pursue a claim against the Commissioner had little prospect of success.[2]
[2]Rafiq v Google New Zealand Ltd [2014] NZHC 551 at [14]–[16].
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:
Simpson Grierson, Auckland for Respondent
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