Rani v Rajan

[2015] NZCA 281

IN THE COURT OF APPEAL OF NEW ZEALAND

CA231/2015
[2015] NZCA 281

BETWEEN

SANTOSH RANI
Applicant

AND

DEO RAJAN
First Respondent

LYDIA DAMAYANTHI RAJAN
Second Respondent

Counsel:

MSS Khan for Applicant
B Parshotam for Respondent

Judgment:

(On the papers)

30 June 2015 at 11.00 am

JUDGMENT OF MILLER J
(Review of Registrar’s decision)

The application for review is dismissed.  Ms Rani must pay the fee of $1,100 to the Registrar by 30 July 2015.

____________________________________________________________________

REASONS

1. Ms Rani applies for review of the Registrar’s decision to decline to waive court fees for her appeal.[1]

   [1]Section 100B Judicature Act 1908.

2. I am satisfied that the Registrar was correct to decline to waive the fee.  I too am not persuaded that Ms Rani would suffer undue hardship if required to pay the fee.  She is reliant in part on a benefit, but she also has a modest income from what appears to be a family business.  Her principal liability is a hire purchase agreement.  Other liabilities appear to be owed to family members.

3. The application for review is dismissed.

4. The Registrar’s decision is confirmed.  Ms Rani must pay the fee of $1,100 to the Registrar by 30 July 2015.

Solicitors:
Parshotam Lawyers, Auckland for Respondent