Rafiq

[2013] NZHC 2861

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-004585 [2013] NZHC 2861

IN THE MATTER             of an application to review

BY  RAZDAN RAFIQ Applicant

Hearing:                   On the papers

Judgment:                30 October 2013

JUDGMENT OF VENNING J

(Review of Registrar's decision declining refund of fees)

This judgment was delivered by me on 30 Octobe 2013 at 3.15 pm, pursuant to Rule 11.5 of the High

Court Rules.

Registrar/Deputy Registrar

Date……………

Copy to:            Applicant

Rafiq (3) [2013] NZHC 2861 [30 October 2013]

[1]      Mr Rafiq applies to review the Registrar’s decision declining his application

for a refund of fees.

[2]      The application for refund refers to an appeal proceeding filed by Mr Rafiq against APN NZ Ltd.1   In a judgment delivered on 20 March 2013 Brewer J declined Mr Rafiq’s application to appeal from a decision of the District Court.   Mr Rafiq applies for a refund of the filing fees in that proceeding.  Although he has set out some very brief financial details stating his weekly income after tax was $240 (self- earned) and refers to expenses of $240 (rent $140 and food/grocers $100) no further

detail is provided of his means.  It appears Mr Rafiq’s main reason for seeking the refund as stated is that, in his consideration, the Court failed to deliver “service” up to a satisfactory statutory standard.

[3]      The power to refund fees is provided for by reg 23 of the High Court Fees Regulations 2013.  For the reasons given in a judgment of 29 October 2013 on an application by Mr Rafiq for review of the Registrar’s decision declining to waiver filing fee, I am satisfied that if an application for fee waiver had been made prior to the fee being paid the application would not have been granted.  The criteria for a refund is not made out.

[4]      The application for review is dismissed.

Venning J

1      Rafiq v APN NZ Ltd [2013] NZHC 553.