Vincent Ross Siemer v Solicitor-General - SC 14/2012

Summary

Civil Appeal – Security for costs – Court of Appeal Rules (Civil) 2005, r 35 – Appeal against Court of Appeal decision to decline review of Acting Registrar’s decisions as to security for costs – Whether rule 35 violates the rule of law as it is neither fixed nor predictable – Whether Court of Appeal judgment amounts to an unlawful restriction to court access by imposing a financial barrier to court access and without providing an analysis of the merits of the appeal – Whether Court of Appeal judgment amounts to unlawful governmental protection by preventing appeal challenge to a Crown Judge’s decision to strike out a statutory claim against a Crown officer – Whether rule 35 as currently applied is inconsistent with s 27 of the New Zealand Bill of Rights Act 1990 and art 14 of the International Covenant on Civil and Political Rights. CA 545/2011  [2012]  NZCA 68

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