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Accident Compensation Cases

Cleary v Accident Compensation Corporation (DC, 25/07/08)

Judgment Text

ORDER OF JUDGE D A ONGLEY STRIKING OUT APPEAL 
Judge D A Ongley
[1]
The review decision was dated 2 November 2007. Ms Cleary's notice of appeal bears two date receipt stamps, one of which is 3 December 2007. Directions given by the Court on 11 February 2008 raised the question of the appeal being out of time. It is arguable whether the appeal is out of time by one day and counsel for the respondent has now notified the Court that the respondent consents to the appeal being heard, if such consent should be necessary. 
[2]
The appellant failed to reply to letters from the Registry dated 7 December 2007, 24 December 2007, 11 February 2008 and 2 April 2008. She has taken no steps to prosecute the appeal since filing the notice of appeal. 
[3]
The appellant failed to appear on 29 April 2008. The respondent applied to strike out the appeal. I directed that the appellant file and serve submissions by 2 June 2008 and that strict compliance with the direction was required. 
[4]
The direction noted that if there was no response, it will be apparent that the appellant is not prosecuting the appeal with due diligence and the appeal may be struck out without further notice. The direction was posted to the appellant at her last known address. 
[5]
There has been no response to that direction and the appeal is now dismissed under s 161(3)(b) of the Act on the ground that the appellant has not prosecuted the appeal with due diligence. 

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