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Accident Compensation Cases

Thorburn v Accident Compensation Corporation (DC, 23/04/09)

Judgment Text

DECISION OF JUDGE M J BEATTIE 
Judge M J Beattie
[1]
On 9 May 2008, the appellant lodged a Notice of Appeal with the Registry from a Review Decision dated 16 April 2008. 
[2]
At the time of the lodging of that Notice of Appeal the appellant was represented by her Advocate, Mr E McLaughlin. 
[3]
On 9 May 2008 the Registry wrote to Mr McLaughlin advising him of the requirements of the Practice Note relating to the progressing of the appeal. 
[4]
By letter dated 19 September 2008, the appellant's advocate was reminded of his obligations in relation to the Practice Note and of the fact that he had taken no step to prosecute the appeal. A further reminder was sent on 21 November 2008. 
[5]
On 3 December 2008, this appeal was listed for mention in the Wellington District Court to seek an explanation as to lack of progress. There was no appearance on behalf of the appellant at that hearing. 
[6]
On 3 December 2008, His Honour, Judge Ongley issued directions to the effect that the appellant was to file and serve written submissions within 28 days from the posting of the Notice advising of same. That Notice was posted to Mr McLaughlin on 15 January 2009. 
[7]
There has been no response to that Directions Notice, and when the matter was called before me on 1 April 2009, there was again no appearance on behalf of the appellant. 
[8]
Ms Scott, Counsel for the Respondent, thereupon made application under Section 161 that the appeal be dismissed for want of prosecution. 
[9]
Having regard to the total failure of the appellant and those representing her to take any step in the prosecution of this appeal since the filing of the Notice of Appeal on 9 May 2008, I am satisfied that grounds for dismissal have been made out. Accordingly, this appeal is dismissed for want of prosecution pursuant to s 161(3)(a) and (b) of the Act. 

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