Razdan Rafiq v Google New Zealand Limited

IN THE SUPREME COURT OF NEW ZEALAND

SC 72/2014
[2014] NZSC 126

BETWEEN	RAZDAN RAFIQ Applicant
AND	GOOGLE NEW ZEALAND LIMITED Respondent

Court:	McGrath, William Young and Glazebrook JJ
Counsel:	Applicant in person W Akel, T J Walker and B J Thomson for the Respondent
Judgment:	17 September 2014

JUDGMENT OF THE COURT

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 plus all reasonable disbursements (to be fixed, if necessary, by the Registrar) to the respondent.

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REASONS

Mr Rafiq applies for leave to appeal against a decision of Harrison J, dismissing his application for review of the decision of the Registrar of the Court of Appeal refusing to waive security for costs.[1]
[1]Rafiq v Google New Zealand Limited [2014] NZCA 320.
The underlying appeal to the Court of Appeal is in respect of an order for security for costs made against Mr Rafiq by Associate Judge Doogue in the High Court.[2]
[2]Rafiq v Google New Zealand Limited [2014] NZHC 551.
The High Court proceeding is a defamation claim against Google New Zealand in respect of search results returned by the Google Search Service. Mr Rafiq claims that the search results lead to a third party website where comments are made about a Human Rights Review Tribunal decision where Mr Rafiq was a party.
There was no error of principle in Harrison J’s approach and there is no risk of a miscarriage of justice. Further, no issue of general or public importance arises.
The application for leave to appeal is dismissed.
The applicant is to pay costs of $2,500 plus all reasonable disbursements (to be fixed, if necessary, by the Registrar) to the respondent.

Solicitors:
Simpson Grierson, Auckland for the Respondent

CaseChat Overview and Summary

In the Supreme Court of New Zealand, the case of Razdan Rafiq v Google New Zealand Limited was heard by McGrath, William Young, and Glazebrook JJ. The applicant, Razdan Rafiq, sought leave to appeal a decision of Harrison J, who had dismissed his application for review of a decision by the Registrar of the Court of Appeal. The Registrar had refused to waive security for costs in relation to an underlying appeal by Mr Rafiq against an order for security for costs made by Associate Judge Doogue in the High Court. The High Court proceedings involved a defamation claim by Mr Rafiq against Google New Zealand in respect of search results from the Google Search Service, which allegedly led to a third-party website where comments were made about a Human Rights Review Tribunal decision in which Mr Rafiq was a party.

The primary legal issue before the Supreme Court was whether there was an error of principle in the approach taken by Harrison J in dismissing Mr Rafiq's application for review, and whether a risk of miscarriage of justice or an issue of general or public importance existed. The Court had to determine if these conditions warranted granting leave to appeal. The Court concluded that there was no error of principle in Harrison J's approach and that there was no risk of a miscarriage of justice. Additionally, the Court found that no issue of general or public importance arose from the case.

In dismissing the application for leave to appeal, the Supreme Court emphasised that the decision of Harrison J was correct and that there were no grounds for further appeal. Consequently, Mr Rafiq was ordered to pay costs of $2,500 plus all reasonable disbursements to be fixed by the Registrar, to the respondent, Google New Zealand Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established