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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



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 3 June 2003, the Registry received an application for leave to appeal from the applicant in respect of a decision given by His Honour Judge PF Barber on 9 May 2003 under decision No 86/03. 
[2]
Following receipt of that Notice of Appeal, the Registry wrote to the applicant, setting out the requirements and procedure for an application for leave to appeal under s 165 of the Act, and called on the appellant to file submissions identifying the question of law which was contended was in issue which ought to be referred to the High Court for adjudication. 
[3]
Subsequent correspondence from the Registry to the appellant in March and April 2004, May 2005, September 2006, and finally May 2007, have not brought forth any positive step from the applicant in relation to the filing of submissions in support of the application. 
[4]
This application for leave has been on foot now for over four years, with no positive action taken by the applicant. No question of law has been identified and, accordingly, the application for leave to appeal is hereby dismissed, both for want of prosecution and for failure to disclose any question of law in accordance with s 165 of the Act. 

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