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Safeguard OSH Solutions - Thomson Reuters

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Accident Compensation Cases

Clement v Accident Compensation Corporation (DC, 04/11/03)

Judgment Text

DECISION ON THE PAPERS 
Judge P F Barber
[1]
The appellant's solicitor, Mr Nathan Ormsby, filed a notice of appeal on 17 September 2001 against a decision of a Review Officer, which had upheld the Corporation's decision declining an Independence Allowance. 
[2]
Mr Ormsby withdrew as counsel on 24 September 2001 and subsequently another solicitor who was engaged, Mr John Dean, also sought leave to withdraw. 
[3]
On 17 September 2002 the appellant requested additional time to obtain legal advice. 
[4]
A short time later Mr John Miller advised that he would represent Mr Clement. 
[5]
Another review hearing took place, however that decision upheld the Corporation's earlier decision. 
[6]
On 16 September 2003 a directions hearing was held before Judge Beattie at Wellington District Court. The appellant's counsel advised that the appeal would not proceed. The respondent's solicitor advised that an application for a “strike out” would be filed. 
[7]
The “strike out” application was filed on 7 October 2003 and served on the appellant at 9.43 am on 8 October 2003. 
[8]
I am satisfied that the appellant has taken no active steps to prosecute his appeal. 
[9]
The appeal is therefore dismissed for want of prosecution. 

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