Wislang v Family Court at North Shore

[2013] NZCA 439

IN THE COURT OF APPEAL OF NEW ZEALAND

CA353/2013
[2013] NZCA 439

BETWEEN

MILES ROGER WISLANG
Appellant

AND

THE FAMILY COURT AT NORTH SHORE
First Respondent

MURRAY IAIN VAN HOORN
Second Respondent

Counsel:

Appellant in Person
D N Soper for First Respondent

Judgment

(On the papers):

25 September 2013 at 10:00am

Reissued:

26 September 2013

Effective date

of Judgment:

25 September 2013

JUDGMENT OF MILLER J
(Review of Registrar’s decision on security for costs)

The application for review of the Registrar’s decision on security for costs is dismissed.

____________________________________________________________________

REASONS

1. Mr Wislang intends to appeal a judgment of Venning J awarding costs on an unsuccessful application for judicial review.  The Registrar has fixed security at $5,880 in accordance with the Court of Appeal (Civil) Rules 2005.

2. As the Registrar noted in her decision, there is no suggestion of impecuniosity.  Rather, Mr Wislang’s primary submission is that his appeal is certain to succeed.  That is not self-evidently correct, and it does not justify a waiver. 

3. Mr Wislang also suggests that the amount of security is excessive, for the points on appeal are short and simple and costs are very likely to be considerably less than the amount set.  I do not agree.  Security reflects not only the amount of time required for hearing but also the costs of preparation.

4. The application for review is dismissed.  Mr Wislang must pay security within 20 working days of the date of this judgment.

Solicitors:
Crown Law Office, Wellington for First Respondent