Vincent Ross Siemer v Michael Heron and others - SC 6/2011

Summary

Civil Appeal – Procedure – Whether the Court of Appeal’ s holding that there is no automatic right of appeal against a High Court order fixing security for costs is consistent with natural justice – Whether the Court of Appeal addressed the appellant’s arguments – Whether the fact that r 20.13(2) of the High Court Rules was adopted by the Rules Committee has International Covenant on Civil and Political Rights implications.[2010] NZCA 610  CA 190/2010  14 December  2010

Result

The application for leave to appeal is granted. The ground approved is whether leave of the Court of Appeal was required under s 67 of the Judicature Act for the applicant’s appeal against security for costs fixed by order of the High Court or whether appeal was available as of right under s 66 of the Judicature Act.
30 March 2011
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Appeal dismissed. Costs reserved.
8 November 2011
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Application for recall of judgment of 8 November 2011 is dismissed.
Both applications for costs are dismissed.
9 December 2011
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2nd Application for recall - dismissed.
14 December 2011
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Abuse of process. Dismissed. No further application in relation to [2011] NZSC 133 to be accepted by the Registry.
21 May 2021

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