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Accident Compensation Cases

Chapman v Accident Compensation Corporation (DC, 23/03/09)

Judgment Text

Judge M J Beattie
On 12 February 2007, the Appeals Registry received a Notice of Appeal from a Review Decision dated 16 December 2006. It was therefore the case that that Notice of Appeal was lodged out of time. 
At the time that Notice of Appeal was filed the appellant was represented by Counsel, Mr G Wakefield. By written advice to the Registry dated 23 April 2008, Mr Wakefield sought, and was granted leave to withdraw as counsel, he advising that he had been unable to obtain any instructions. 
Despite requests to the appellant no submissions were filed. In order to progress the matter the Court directed that the respondent file its submissions and which it did on 3 October 2008. 
The hearing of this appeal was scheduled for 12 March 2009 and the appellant was duly advised of the time, date and place of such hearing by letter from the Registry dated 26 February 2009. 
There was no appearance of the appellant or anyone on his behalf, nor any explanation for such non-appearance. 
Mr Hunt, Counsel for the Respondent, made application for dismissal of the appeal for want of prosecution based on the fact that the appellant did not appear at the hearing and had taken no step in the appeal. 
I consider that grounds for dismissal have been made out and accordingly this appeal is dismissed pursuant to s 161(3)(a) and (b) of the Act. 

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