An Auckland man who took his fight against an $80 speeding ticket all the way to the Supreme Court, and lost at nearly every turn, racked up $34,000 in legal fees and was declared bankrupt when he could not pay them.
Peter Prescott has now failed to have his bankruptcy annulled, and is liable to pay more legal fees to the New Zealand Police after another unsuccessful trip to court.
In July 2016, Mr Prescott was caught driving at 64kmh in a 50kmh zone and was sent a ticket. However, he tried to claim he was not driving the car, nor did he own it.
Two years later, he unsuccessfully appealed the fine in the District Court and rather than seek leave to appeal he sought a judicial review of that decision.
That request for review was struck out and Mr Prescott was ordered to pay nearly $7000 in court costs.
He tried unsuccessfully to have the High Court recall that judgement before making a bid to the Court of Appeal to stay the costs order.
That was also dismissed and close to $6000 was added to his burgeoning debt.
A further $2500 was added to the bill after Mr Prescott tried and failed to get leave to apply to the Supreme Court.
Then, in December 2020, police served a bankruptcy notice on Mr Prescott for failing to pay them close to $7000 in court costs. He tried and failed to have this bankruptcy notice set aside and was ordered to pay a further $12,000 in costs.
By September 2021, Mr Prescott owed the police $27,000 and in 2022 was declared bankrupt.
Mr Prescott appealed this, then tried to have the order suspended, then tried his hand at the Court of Appeal to have the order reversed. None of which was successful.
In March this year, Mr Prescott tried to have his bankruptcy annulled in the High Court at Auckland on the basis that the process of the 2022 hearing, which declared him bankrupt, was unfair, but he was ultimately unsuccessful.
Police are entitled to claim more legal costs against him because of the unfavourable ruling, which will be determined at a later date.
By Jeremy Wilkinson
