Siemer v Official Assignee

[2014] NZCA 9

IN THE COURT OF APPEAL OF NEW ZEALAND

CA863/2013
[2014] NZCA 9

BETWEEN	VINCENT SIEMER Appellant
AND	OFFICIAL ASSIGNEE Respondent

Judgment:

(On the papers)

11 February 2014 at 2.30 pm

JUDGMENT OF WILD J

The application for review is dismissed.

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REASONS

1. By application dated and filed on 13 January, the appellant applies under r 7(2) for review of the Registrar’s decision refusing to accept his application dated 30 December last, and received by the Court when the Registry opened on 6 January.

2. The Registrar’s decision was made on 7 January.  The appellant’s application of 30 December was made under s 61A(1) of the Judicature Act 1908 for a ruling by a Judge dispensing with the security for costs a Deputy Registrar had fixed at $5,880.

3. In her 7 January decision the Registrar held there was no jurisdiction for the 30 December application under s 61A(1). 

4. I agree with the Registrar.  My reasons are set out in the judgment I gave on 7 February in Siemer v Official Assignee [2014] NZCA 3, where the appellant had made an identical application.

5. For those reasons I uphold the Registrar’s decision of 7 January as correct and dismiss the application for review.