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Accident Compensation Cases

Tunnicliffe v Accident Compensation Corporation (DC, 19/03/15)

Judgment Text

Judge D A Ongley
The respondent has applied under s 161(3)(b) of the Act to dismiss this appeal on the ground that the appellant has not prosecuted the appeal with due diligence. 
On 27 June 2014 Judge Henare adjourned this appeal when Mr Tunnicliffe neededed time to obtain a specialist report in order to comment on the respondent's Clinical Advisory Panel findings. 
The appeal was listed for further directions on 21 October 2014 when Mr Wakefield appeared for the appellant. Mr Wakefield had not been able to establish further contact with Mr Tunnicliffe, who did not answer calls on a designated mobile phone number. Mr Wakefield was given leave to withdraw. 
Mr Wakefield's office was the appellant's address for service but, as the appellant had failed to maintain contact with his lawyer, I directed that a notice should be sent by the Court to his last known address which was 118 Palmerston Street, Westport. 
A direction was issued that the appellant notify the Registrar by 24 November 2014 as to whether he proposed to continue with the appeal, and notifying that on failure to comply, the appeal may be dismissed without further hearing. 
Mr Tunnicliffe has not contacted the Registry. 
I am satisfied that he has not prosecuted the appeal with due diligence and the appeal is now dismissed. No order is made for costs. 

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