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Safeguard OSH Solutions - Thomson Reuters

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Accident Compensation Cases

McCormick v Accident Compensation Corporation (DC, 04/09/07)

Judgment Text

DECISION OF JUDGE M J BEATTIE ON APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT 
Judge M J Beattie
[1]
On 6 October 2004, the Registry received a letter from the applicant indicating he wished to lodge an appeal to the High Court against a decision of His Honour Judge JD Hole, delivered on 15 September 2004. 
[2]
By letter dated 6 October 2004, the Registry advised the appellant of the requirements for making an application for leave to appeal to the High Court and called upon him to file submissions identifying the question of law sought to be referred to the High Court. 
[3]
Subsequent correspondence from the Registry to the appellant in October 2004, December 2004, January 2005, September 2006, and, finally, May 2007, have not brought forth any positive step from the applicant towards having this application determined. 
[4]
Almost three years have elapsed since the appellant indicated his intention of seeking leave to appeal but no positive steps towards completion of that application have been made, including the identification of any question of law arising from the Learned Judge's decision which ought to be referred to the High Court for consideration. 
[5]
In all the circumstances, I find that there has been a total failure of the applicant to prosecute his application for appeal and that, in any event, no question of law has been identified as would allow for leave to be granted. Accordingly, therefore, this application for leave to appeal is dismissed. 

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