Creser v Creser
NZ31/7/201516/7/2015[2015] NZSC 104
Civil procedure — Appeals — Leave to appeal — Supreme Court
Civil procedure — Costs — Security for costs
Unsuccessful application by RC against Court of Appeal (‘CA’) decision – CA upheld Registrar’s decision refusing to dispense with security for costs – RC appealing High Court (‘HC’) judgment dismissing his application for annulment of bankruptcy – RC sought leave to appeal on grounds (a) as the judgment was heard by a single judge it unlawfully discriminated against him as another identical case was heard by a full panel of three judges and (b) his application to dispense with security for costs was unopposed by JC, who was not legally represented.
Held, as to first ground, a similar submission was rejected by Rabson v Registrar of the Supreme Court [2015] NZSC 74 – as to second ground, despite JC not filing a memorandum, she had advised the Registrar that she wished security for costs to be set – had also sought that RC pay security for costs in her submissions opposing leave to appeal – would not be right for Registrar to assume that no issue as to JC’s costs would arise on appeal just because she was not represented in the HC – application declined.
Legislation Considered
•Insolvency Act 1967 s 119(1)(a)
•Supreme Court Act 2003
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