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Safeguard OSH Solutions - Thomson Reuters

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Accident Compensation Cases

Schonberger v Accident Compensation Corporation (DC, 30/11/15)

Judgment Text

RESERVED JUDGMENT OF JUDGE A N MACLEAN 
Judge A N MacLean
[1]
At a directions conference on 4 June 2015 I directed the appellant's evidence and submissions were to be filed within 2 months. 
[2]
Submissions were not filed as directed and the matter was set down for a call over on 16 September 2015 where I directed counsel for the appellant Mr Bamford to file an updating memorandum within 14 days and following that, submissions and evidence within 28 days. 
[3]
I noted in my September Minute that the matter is a longstanding one. 
[4]
The matter was referred back to me and on 6 November 2015 where I issued a third Minute directing Mr Bamford to advise in writing within 10 days why there had been no compliance with my previous Minute. I also requested commitment to a realistic timeframe for the filing of submissions and evidence. Failure to comply would mean the matter would be referred back to me with a view to dismissing it for want of prosecution without further mention. 
[5]
The Registry has confirmed to me that to date no submissions have been filed, nor a memorandum from Mr Bamford outlining reasons as to why that has not been done. 
[6]
I noted in my 6 November 2015 Minute that there comes a point when, if an appellant is not prepared to energetically pursue an appeal that in the interests of justice, some finality be brought to proceedings. 
[7]
Accordingly the appeal is dismissed and there is no issue as to costs. 

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