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Accident Compensation Cases

Corrotea v Accident Compensation Corporation (ACAA, 03/10/07)

Judgment Text

P J Cartwright
The issue in this appeal is a decision by the ACC (“the Corporation”) dated 25 February 1997 which determined that the appellant was entitled to compensation for loss of wages pursuant to s 80(2)(b) of the Accident Compensation Act 1982 (“the 1982 Act”) for the period from 13 May 1991 to 31 December 1992. The Corporation determined that the appellant was entitled to the amount of $121.77 on the basis of self-employed income declared to IRD, for the income year ended 31 March 1991, of $74.00. 
The appellant applied for a review from the Corporation's decision on 23 May 1997. 
The review was heard on 6 June 2001. The review officer issued a decision on 19 June 2001 dismissing the review. It is against the review officer's decision that this appeal has been brought. A Notice of Appeal was filed on or about 18 July 2001. 
From 2001 onwards this appeal has not been prosecuted with any degree of due diligence. There was desultory correspondence with a solicitor who was apparently acting for the appellant. However in July 2006 the solicitor advised that he was no longer acting for Mrs Corrotea. 
At the time it was noted by the Authority that neither was Notice of Appeal out of time and nor was any further evidence sought to be adduced in support of the appeal. 
In September 2006 the Authority issued directions within a generous time frame for the making of final submissions in the usual way, such submissions to be completed by way of exchange between the parties no later than 7 December 2006. 
By early March 2007 the file remained inactive because Mrs Corrotea had done nothing further to prosecute her appeal. 
On 15 March 2007 the Authority made a further direction reversing the sequence of making final submissions. ACC was given first right to make a final submission. The appellant's response was to follow. ACC was given a final right of reply, to be exercised by 14 May 2007. 
ACC submissions of counsel for the respondent were duly received on 17 May 2007. 
During June 2007 file activity suggested that Messrs Andrew Cadenhead and Philip Schmidt might engage on behalf of the appellant. Unfortunately nothing of this nature materialised. 
Accordingly the Authority's decision will now issue. The appeal is dismissed for all of the reasons explained in the nine pages of submissions of counsel for the respondent, a copy of which are attached to this decision. 

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