White v Lynch

[2016] NZCA 149

IN THE COURT OF APPEAL OF NEW ZEALAND

CA740/2015
[2016] NZCA 149

BETWEEN

AMANDA ADELE WHITE
First Appellant

ANNE LEOLINE EMILY FREEMAN
Second Appellant

AND

CHRISTOPHER MAURICE LYNCH
First Defendant

STUART GORDON SPENCE
Second Defendant

Judgment:

(On the papers)

22 April 2016 at 2.30 pm

JUDGMENT OF THE HON JUSTICE KÓS

The application for review of the Deputy Registrar’s decision declining to accept for filing an application for review is dismissed.  

____________________________________________________________________

REASONS

1. The appellants filed an appeal against a decision of Faire J in the High Court.[1]  They applied to dispense with security for costs on appeal.  Deputy Registrar McGrath declined to dispense with security.  Wild J upheld that decision.[2]

   [1]White v Lynch [2015] NZHC 3202.

   [2]White v Lynch [2016] NZCA 78.

2. The appellants then filed an application under s 61A(2) of the Judicature Act 1908 for a panel of Judges of this Court to review Wild J’s decision.  Deputy Registrar Abraham declined to accept that application for filing. 

3. The appellants now apply for review of that decision. 

Discussion

1. Deputy Registrar Abraham was plainly correct to decline to accept the application for filing. 

2. Wild J was reviewing a decision of Deputy Registrar McGrath under s 61A(3) of the Judicature Act.  As the Supreme Court explained in Reekie v Attorney-General, it is clear from the structure of s 61A that review decisions of a single Judge under s 61A(3) are not subject to further review under s 61A(2).[3]

Decision

[3]Reekie v Attorney-General [2014] NZSC 63, [2014] 1 NZLR 737 at [24]–[26]. See also Siemer v Judicial Conduct Commissioner [2013] NZSC 112 at [3].

1. The application for review of the Deputy Registrar’s decision declining to accept for filing an application for review of Wild J’s decision is dismissed.  

Solicitors:
Sellar Bone, Auckland for Respondents