The partnership requested security for costs, partly due to the applicant’s failure to pay the costs incurred in the ERA proceeding.

Allowing the application, Judge Smith awarded the partnership $20,000 instead of the requested amount of $40,000 to balance the interests of assuring the partnership that it could recover its costs and permitting the applicant to pursue his challenge.

Court of Appeal application

The Court of Appeal rejected the applicant’s request for leave to appeal against Judge Smith’s decision.

The applicant applied for leave to appeal directly to the Supreme Court.

Supreme Court denies leave to appeal

While it granted an extension of time for the applicant to apply for leave to appeal, the Supreme Court ultimately refused leave to appeal and ordered him to pay the respondent partnership’s costs of $2,500.

The Supreme Court found it unnecessary in the interests of justice to hear or determine the applicant’s proposed appeal.

Extension of time granted

The Supreme Court recognised that the applicant required an extension of time because he filed his leave application nearly a year out of time.

The Supreme Court granted the application for an extension of time because the applicant filed a notice of appeal before the Supreme Court shortly after the Court of Appeal of New Zealand had denied leave to appeal.

Factual findings not disturbed

The Supreme Court noted that it could entertain this appeal only on a question of law.

The Supreme Court ruled that all...

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