Rafiq v High Court at Auckland

[2018] NZHC 913

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000173

[2018] NZHC 913

BETWEEN

RAZDAN RAFIQ

Plaintiff

AND

HIGH COURT AT AUCKLAND

Defendant

Hearing:	On the papers
Judgment:	2 May 2018

JUDGMENT OF DOWNS J

This judgment was delivered by me on Wednesday, 2 May 2018 at 3 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Copy to: Plaintiff

RAZDAN RAFIQ v HIGH COURT AT AUCKLAND [2018] NZHC 913 [2 May 2018]

[1]                  Mr Rafiq is a vexatious litigant.1 He requires leave of the Court before commencing proceedings.

[2]                  On 25 January 2018 Mr Razdan Rafiq filed an interlocutory application for leave to commence proceedings. On 9 February 2018, the application was referred to me as Duty Judge. The application relates to a decision of Venning J back in 2013. I asked for that file, which unfortunately took time to arrive. It did not do so until yesterday. I regret the delay.

[3]                  On 29 October 2013 Venning J dismissed an application by Mr Rafiq to review the Registrar’s decision dismissing an application for a fee waiver. The Judge held:2

I conclude that on the information before the Registrar he was entitled to conclude that Mr Rafiq had not made out a case of undue hardship. The information on the file does not establish that Mr Rafiq would suffer undue hardship if required to pay the filing fee. The application for review is dismissed.

There is a further consideration in this case. The appeal purports to relate to money that Mr Rafiq seeks to recover. On his bankruptcy all property claims passed to the Official Assignee. Mr Rafiq has no standing to bring the appeal. The power to waive the fee is discretionary. Where an applicant has no standing to commence a proceeding that is a further factor the Registrar may properly consider. The Courts should not be clogged with proceedings filed by litigants with no standing to pursue the claims they seek to advance.

[4]                  Mr Rafiq’s application for leave to commence proceedings is accompanied by a draft statement of claim. It too is dated 25 January 2018. The draft statement of claim appears to allege the High Court Registry failed to process an application for leave, to appeal out of time, the judgment of Venning J.

[5]                  Mr Rafiq seeks “exemplary damages” against the Court or Registry “in the sum of $900 trillion”.

[6]Such relief is unavailable. And fanciful.

1      Attorney-General v Rafiq [2015] NZHC 1153.

2      Rafiq [2013] NZHC 2843 at [11]–[12].

[7]                  The proposed proceeding is frivolous and vexatious. I decline Mr Rafiq leave to bring it.

……………………………..

Downs J