Vincent Ross Siemer v Michael Heron

[2011] NZSC 29

IN THE SUPREME COURT OF NEW ZEALAND

SC 6/2011
[2011] NZSC 29

BETWEEN  VINCENT ROSS SIEMER
Applicant

AND  MICHAEL HERON
First Respondent

AND  RUSSELL MCVEAGH
Second Respondent

AND  FORCE 1 SECURITY
Third Respondent

AND  SIONE TANAKI
Fourth Respondent

AND  PIO SAMI
Fifth Respondent

Court:             Elias CJ, Blanchard and Tipping JJ

Counsel:         Applicant in Person
T L Clarke for First and Second Respondents
P Wicks for Third, Fourth and Fifth Respondents

Judgment:      30 March 2011

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.

BThe ground approved is whether leave of the Court of Appeal was required under s 67 of the Judicature Act for the applicant’s appeal against security for costs fixed by order of the High Court or whether appeal was available as of right under s 66 of the Judicature Act.

Solicitors:
Bell Gully, Auckland for First and Second Respondents
Swarbrick Beck, Auckland for Third, Fourth and Fifth Respondents