Jonassen, Re [1993] CKCA 4; Application 9 of 1993 (26 November 1993)

IN THE COURT OF APPEAL OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION)

Application No. 9/93

IN THE MATTER

of Section 421 of the Cook Islands Act 1915 and Rules 341-347 of the
Code of Civil Procedure of the High Court 1981

AND

IN THE MATTER

of the uninvestigated Land, known as TE-II-A-MAUI in the
Tapere of Pokoinu, Arorangi District, Rarotonga

AND

IN THE MATTER

an application for Investigation of Title by TEINA RIRI NGAPOKO
TUTUARIKI JONASSEN(nee TAUEI) of Rarotonga, Retired.

Mr Holmes for the Applicant.

Date of Hearing: 8th November 1993
Date of Judgment: 26th November 1993

JUDGMENT OF DILLON J

On the 8th October 1993 security for costs on this appeal to the Court of Appeal were fixed at $4000 payable by the 8th November 1993. Mr Holmes has filed submissions on behalf of the Applicant setting out reasons why security for costs should not be ordered because of the special circumstance of this case - viz there is no respondent that requires security for costs and therefore none should be ordered by the Court. That submission is well founded.

The figure of $4000 originally fixed is within the limits normally fixed for security in appeals to the Court of Appeal. However the two criteria for fixing security for costs relate to firstly a security for a respondents costs in the event of the appeal not suceeding; and secondly security for the due performance of the final judgment of the Court of Appeal in the event of the appeal not succeeding.

I accept that security is not required for the first of the criteria to which I have referred. Security for due performance of the final judgment accords with the normal exercise of this Courts discretion and with the principles expressed in Gray v Ashburton [1917] AC 26.

The security originally fixed at $4000 is therefore reduced to $750 payable into Court by the 24th day of December 1993.

Dillon J.