Sameer v Conroy Removals Limited - [2018] NZCA 499

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA279/2018
[2018] NZCA 499

BETWEEN	MADHU SAMEER Appellant
AND	CONROY REMOVALS LIMITED Respondent

Counsel:	Appellant in person S D Munro for Respondent
Judgment: (On the papers)	14 November 2018 at 12.30 pm

JUDGMENT OF BROWN J
(Review of Deputy Registrar’s decisions)

AThe application for review of the Deputy Registrar’s decision not to waive the filing fee on the application for extension of time to appeal is dismissed.
BThe application for review of the Deputy Registrar’s decision not to dispense with security for costs for the appeal is granted. Security for costs in the sum of $3,300 must be paid by 12 December 2018.
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REASONS

Introduction

Ms Sameer has made applications for review of two different decisions relating to this appeal. The first is a decision by a Deputy Registrar declining her application for waiver of the filing fee on her application for an extension of time to bring her appeal. The second is a decision by a Deputy Registrar declining her application for a dispensation from payment of security for costs.

Background

Ms Sameer issued proceedings in the Disputes Tribunal seeking to recover monies paid to the respondent Conroy Removals Ltd (CRL) in respect of her goods that had been shipped by Right Move 4U (RM4U) from the United States to New Zealand and an order that those goods be delivered to her. CRL was RM4U’s New Zealand agent to take possession of the goods, clear them through Customs and arrange for delivery to Ms Sameer.
The Disputes Tribunal found there was a valid contract between Ms Sameer and CRL but her claim was unsuccessful and she was found liable to pay CRL $9,045.51 on its counterclaim for unpaid storage fees. Ms Sameer’s appeal to the District Court was unsuccessful and she was ordered to pay costs to CRL of $9,701.[1]
[1]Sameer v Conroy Removals Ltd [2017] NZDC 26138.
On 11 August 2017 CRL issued a bankruptcy notice to Ms Sameer claiming payment of those two amounts. Ms Sameer’s application to set aside the bankruptcy notice was dismissed in a judgment of the High Court dated 17 April 2018.[2] The present appeal is from that judgment.
[2]Conroy Removals Ltd v Sameer [2018] NZHC 698.
Ms Sameer’s appeal was filed on 21 May 2018, three working days out of time. Although an extension of time was initially opposed, on 31 July 2018 her application for an extension of time in which to file an appeal was granted.[3] She was required to pay security for costs of $6,600 or seek dispensation from payment of security for costs by 28 August 2018.

The application for waiver of the filing fee

[3]Sameer v Conroy Removals Ltd CA279/2018, 31 July 2018 (Minute (No 2) of Brown J).

An applicant may apply for waiver of the filing fee under reg 5 of the Court of Appeal Fees Regulations 2001. The Registrar may only waive the fee in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sameer v Conroy Removals Limited

Details

AGLC: Sameer v Conroy Removals Limited [2018] NZCA 499
Case: [2018] NZCA 499
Decision Date: 14 November 2018 at 12.30 pm

CaseChat Overview and Summary

Madhu Sameer has appealed against a decision of the High Court which dismissed her application to set aside a bankruptcy notice issued by Conroy Removals Limited (CRL). The appeal was filed out of time, but the Court granted an extension of time. Ms Sameer has now applied for review of two decisions made by a Deputy Registrar in relation to the appeal. The first is the decision to decline her application for waiver of the filing fee on her application for an extension of time to bring her appeal. The second is the decision to decline her application for a dispensation from payment of security for costs. The court dismissed the application for review of the Deputy Registrar’s decision not to waive the filing fee. The court held that the appeal did not concern a matter of genuine public interest. The court also held that while Ms Sameer might suffer some hardship from payment of the fee, she would not suffer undue financial hardship. The court granted the application for review of the Deputy Registrar’s decision not to dispense with security for costs. The court held that it was just to require Ms Sameer to pay security in the reduced amount of $3,300. Security for costs in the sum of $3,300 must be paid by 12 December 2018.

Orders