| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA600/2020 [2021] NZCA 597 |
| BETWEEN | MARGARET ANN WOOTTON |
| AND | PHILLIP GARRY WOOTTON |
| Counsel: | Appellant in Person |
Judgment: | 12 November 2021 at 10.30 am |
JUDGMENT OF BROWN J
(Review of Deputy Registrar’s decision)
AThe application to review the Deputy Registrar’s decision declining to grant a suspension of time under r 43(1B)(a) of the Court of Appeal (Civil) Rules 2005 is declined.
B The stay granted in [2020] NZCA 542 is set aside. ____________________________________________________________________
REASONS
Introduction
On 19 October 2020 Ms Wootton filed a notice of appeal against a judgment of the High Court dismissing her application for an order pursuant to s 143 of the Land Transfer Act 2017 sustaining caveats against the titles to three properties.[1] On 4 November 2020 Cooper J granted a stay prohibiting removal of the caveats pending disposition of the appeal or an earlier order of this Court setting aside the stay.[2]
In a decision dated 18 June 2021 the Deputy Registrar declined an application by Ms Wootton under r 43(1B)(a) of the Court of Appeal (Civil) Rules 2005 (the Rules) for a sixth suspension of the application of r 43 to her appeal. Ms Wootton has applied for a review of that decision.
Relevant background
On filing her appeal Ms Wootton applied for a waiver of the filing fee of $1,100. That application was declined by the Deputy Registrar. The Deputy Registrar also declined an informal application by Ms Wootton for dispensation from the requirement to consult with the respondent on the preparation of the case on appeal.
Security for costs was set at $7,060. Ms Wootton applied under r 35(6) of the Rules for security to be reduced or dispensed with. That application was also declined by the Deputy Registrar.
Ms Wootton sought review of the Deputy Registrar’s decisions. In a judgment dated 16 March 2021 Clifford J granted Ms Wootton’s application to review the decisions concerning the filing fee waiver and the process for preparation of the case on appeal. However the Judge declined her review in respect of the decision declining to dispense with the requirement to pay security for costs.[3]
The Judge noted that the Deputy Registrar had determined her security for costs decision on the basis that the judgment under appeal showed there was little or no possibility of a successful appeal and that accordingly it was not an appeal that a reasonable and solvent litigant would seek to pursue. The Judge stated:
[26] I agree. As the Deputy Registrar noted, in the decision under appeal Associate Judge Johnston found that Ms Wootton could not establish even an arguable claim to a proprietary interest in any of the three properties so as to enable her to sustain her caveats.
[27] Ms Wootton…
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