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Accident Compensation Cases

Randall v Accident Compensation Corporation (DC, 18/04/07)

Judgment Text

Judge M J Beattie
This appeal was scheduled for hearing at 10.00 a.m. today. The appeal arises from a Notice of Appeal filed on 14 December 2006 from a Review Decision dated 5 December 2006. 
The appellant was initially represented by Mr N Ormsby, but by advice given to the Registry on 18 December 2006, he advised he was withdrawing as Counsel and that further notices should be referred to the appellant direct. 
The Registry wrote to the appellant on 19 December 2006 requesting that she file her submissions and that letter enclosed an Information Pamphlet relating to information for appellants. There was no response from the appellant to that letter. 
A further letter was sent by the Registry dated 22 February 2007, requesting submissions or advising reasons for any delay that may have been occasioned. No response was received from the appellant to that letter. 
By letter sent by Courier Post dated 21 March 2007, the appellant was advised by the Registry that the appeal would be heard at the Auckland District Court on 18 April 2007 at 10.00 a.m., Courtroom 8.4. 
There was no appearance of the appellant at that appointed time, nor at 10.30 a.m., when the matter was last called. 
In the circumstances, the Court determines that the appellant has, without reasonable excuse, not appeared at the time appointed for the hearing of the appeal and accordingly, pursuant to Section 161(3)(a) of the Act this appeal is hereby dismissed. 

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