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Accident Compensation Cases

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

Judgment Text

Judge P F Barber
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. 
Mr Ormsby withdrew as counsel on 24 September 2001 and subsequently another solicitor who was engaged, Mr John Dean, also sought leave to withdraw. 
On 17 September 2002 the appellant requested additional time to obtain legal advice. 
A short time later Mr John Miller advised that he would represent Mr Clement. 
Another review hearing took place, however that decision upheld the Corporation's earlier decision. 
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. 
The “strike out” application was filed on 7 October 2003 and served on the appellant at 9.43 am on 8 October 2003. 
I am satisfied that the appellant has taken no active steps to prosecute his appeal. 
The appeal is therefore dismissed for want of prosecution. 

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