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Safeguard OSH Solutions - Thomson Reuters

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Accident Compensation Cases

Cruickshank v Accident Compensation Corporation (DC, 22/04/13)

Judgment Text

DECISION OF JUDGE M J BEATTIE ON APPLICATION FOR RECALL OF JUDGMENT 
M J Beattie Judge
[1]
This appeal was heard by me on 25 October 2011, and following which a reserved judgment was delivered dated 14 November 2011, whereby the respondent's two primary decisions relating to suspension of the appellant's entitlements was confirmed. Subsequent to that decision the appellant's legal advisor, Mr David Heperi, made an application for a recall of that judgment on the basis that certain errors had been made in the facts of the case upon which the appeal decision was made. 
[2]
It is the case that Counsel for the Respondent, Mr A D Barnett, has agreed to the fact that there were slips and errors in the facts in the judgment and he has agreed, on behalf of the respondent, to the request made by the appellant's advocate for a recall of the judgment. 
[3]
In those circumstances, I do not propose to engage in comment on the matters which have been raised by Mr Heperi, in view of it being the case that the respondent is agreeable to a recall of the judgment. 
[4]
Accordingly, therefore, I rule that my decision made on 14 November 2011, is hereby recalled, and for this appeal to be set down for a hearing before a judge other than myself following receipt of advice from counsel for the parties as to a suitable date for such hearing. 

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