van der Molen v Accident Rehabilitation and Compensation Insurance Corporation
The appeal was dismissed because the appellant failed to prosecute it by not filing submissions despite repeated requests and a clear warning that non-compliance would result in dismissal.
Source-derived case information.
- Citation
- [1997] NZACC 143
- Parties
- Appellant: Beverley Katherine van der Molen; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 14 July 1997
- Procedural Posture
- Appeal Under the Accident Rehabilitation and Compensation Insurance Act 1992 / Decision on the Papers; Dismissed for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution.
- Legal Topics
- Appeal, Dismissal for Want of Prosecution, Failure to File Submissions, Review Officer Decision
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beverley Katherine van der Molen
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under the Accident Rehabilitation and Compensation Insurance Act 1992 / Decision on the Papers; Dismissed for Want of Prosecution
Legal Issues
- 1 Whether to dismiss the appeal for want of prosecution due to failure to file submissions and inability of solicitor to obtain instructions
Ratio Decidendi
The appeal was dismissed because the appellant failed to prosecute it by not filing submissions despite repeated requests and a clear warning that non-compliance would result in dismissal.
Court Disposition
Appeal dismissed for want of prosecution.
Orders
- Appeal dismissed for want of prosecution.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 143 / 97 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN BEVERLEY KATHERINE van der MOLEN of Masterton Appellant (Appeal No. DCA 80/96) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE A W MIDDLETON ON THE PAPERS On 11 March 1996 the appellant by her solicitor lodged an appeal against the decision of the Review Officer issued on 31 January 1996. On 31 October 1996 the Registrar requested the appellant's solicitor to file submissions. A similar request was made on 10 March 1997 and on 27 March 1997 the Secretary to the appellant's solicitor advised the Registrar by telephone that the solicitor had not been able to contact the appellant. On 15 April and 1 May 1997 the solicitor was again requested to file submissions. On 7 May 1997 I issued a memorandum advising the appellant that if the submissions were not received by the Registrar by 28 May 1997 I would dismiss the appeal for want of prosecution. On 25 June 1997 the appellant's solicitor advised the Registrar by telephone that he had been unable to obtain instructions from the appellant. 2 The appeal is now dismissed for want of prosecution. DATED at WELLINGTON this 14day of July 1997 A W Middleton District Court Judge dca80-96.doc (nr)