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Safeguard OSH Solutions - Thomson Reuters

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Accident Compensation Cases

Chambers v Accident Compensation Corporation (DC, 11/05/12)

Judgment Text

DECISION OF JUDGE M J BEATTIE ON APPLICATION FOR DISMISSAL OF APPEAL FOR WANT OF PROSECUTION 
M J Beattie Judge
[1]
On 20 August 2009 the appellant lodged a Notice of Appeal from the Review Decision dated 7 August 2009, whereby that decision had confirmed the respondent's primary decision declining to approve elective surgery. 
[2]
Despite correspondence from the Registry to the Appellant, requesting that he progress the appeal and file submissions in respect thereof, no step whatsoever was taken by the appellant in that regard. 
[3]
By letter dated 1 December 2011 the Registry wrote to the appellant requesting to be advised what the present position was regarding this appeal, and it is the case that that letter was returned to the Registry with the note that the appellant was now deceased. 
[4]
The Court has received an application from Counsel for the Respondent for the dismissal of this appeal for want of prosecution in accordance with section 161(3)(b) and I find the circumstances to be such that it is appropriate that this appeal be dismissed, as the circumstances indicate that with the death of the appellant it is not likely to proceed. 
[5]
Accordingly, for the reason that the appellant had not taken any steps to prosecute the appeal I find that the grounds for the dismissal of same have been made out, and accordingly this appeal is dismissed pursuant to Section 161(3)(b) of the Act. 

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