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Accident Compensation Cases

Eaton v Accident Compensation Corporation (DC, 21/10/11)

Judgment Text

Judge P F Barber
The issue 
By emailed application of 14 January 2011 filed by Mr David J Heperi, ACC advisor of Hamilton, the appellant applied for leave to appeal to the High Court against the decision of Judge M J Beattie in Graham Eaton v ACC [2010] NZACC 239 issued at Hamilton 22 December 2010 and set out a number of grounds for that application. 
By email of 17 January 2011 the Registrar asked Mr Heperi whether he would be filing further submissions or should ACC be asked to file its submissions. He responded by telephone that he would shortly file a submission to support the application for leave to appeal. 
By email of 18 May 2011 the Registrar reminded Mr Heperi to file submissions and required them to be filed forthwith. Mr Heperi was given similar email reminders on 14 June 2011, 8 July 2011, 26 July 2011 and, yet again, on 25 August 2011 when he was also advised that if submissions were not filed within 14 days, the Registrar would invite this Court to determine the application as matters stand. 
There has been no response from Mr Heperi or the appellant since 17 January 2011. Accordingly, the application for leave to appeal to the High Court is struck out for non prosecution. 

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