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Safeguard OSH Solutions - Thomson Reuters

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Accident Compensation Cases

Fowler v Accident Compensation Corporation (DC, 03/11/03)

Judgment Text

DECISION ON THE PAPERS 
Judge P F Barber
1.
The appellant's counsel, Andrew Cadenhead, filed a notice of appeal on 11th September 2000 against a decision of a Review officer, which had upheld the Corporation's decision ceasing entitlements to payments for non-compliance with a rehabilitation plan. 
2.
On 28th September 2003 the appellant's counsel requested leave to withdraw. 
3.
I note that the Registry wrote to the appellant at his last known address on 15th October 2003 requesting him to file submissions. However, after attempting delivery at 3 different addresses the NZ Post returned the Registry's letter marked “not known”
4.
The file also records the Registry's efforts to search the Internet white pages telephone lists for an address for the appellant but this proved fruitless. 
5.
In conclusion I note that the Registry has had no direct contact from the appellant since the appeal was lodged 3 years ago. It also appears from his counsel's comments, when withdrawing from the matter, that it was a considerable time since the appellant last contacted his counsel. 
6.
I therefore STRIKE OUT this Appeal for want of prosecution. 

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