Siemer v Official Assignee

[2014] NZCA 3

IN THE COURT OF APPEAL OF NEW ZEALAND

CA862/2013
[2014] NZCA 3

BETWEEN	VINCENT SIEMER Appellant
AND	OFFICIAL ASSIGNEE Respondent

Judgment:

(On the papers)

7 February 2014 at 10 am

JUDGMENT OF WILD J

The application for review is dismissed.

____________________________________________________________________

REASONS OF WILD J

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 24 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 24 December was one made under s 61A(1) 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 that there was no jurisdiction for the 24 December application under s 61A(1).

4. I agree with the Registrar.  The scheme of this Court’s Civil Rules is quite deliberately that security for costs is fixed automatically by the r 35(5) formula, and that any application for a departure is dealt with by the Registrar under r 35(6).  That is to avoid the time of Judges of this Court being taken up dealing with security.

5. The appellant’s correct course, if dissatisfied with the fixing of security for costs, was an application under r 35(6).  A Judge would only become involved if application was made to review the Registrar’s decision under r 35(6).  The appellant’s application cut across the scheme of the rules, effectively by seeking to have a Judge perform the Registrar’s r 35(6) function.

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