Grew v Accident Compensation Corporation
The appeal was dismissed because the appellant failed to comply with the court's direction to file submissions or otherwise contact the court within 28 days; absence of response justified dismissal on the papers.
Source-derived case information.
- Citation
- [2015] NZACC 319
- Parties
- Appellant: Estate Terence Grew; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 27 October 2015
- Procedural Posture
- Appeal Under Accident Compensation Act 2001, S 149 / Hearing on the Papers; Dismissed for Failure to Respond to Court Minute
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Dismissal for Failure to Prosecute, Compliance With Court Directions, Section 149 ACC Act
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estate Terence Grew
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Under Accident Compensation Act 2001, S 149 / Hearing on the Papers; Dismissed for Failure to Respond to Court Minute
Legal Issues
- 1 Whether the appeal should be dismissed for the appellant's failure to file submissions or otherwise contact the court within the time directed
- 2 Whether the court should proceed to dismiss the appeal without further reference to the appellant
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with the court's direction to file submissions or otherwise contact the court within 28 days; absence of response justified dismissal on the papers.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Matter dismissed without further reference to the appellant on the papers
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT AT NELSON [2015] NZACC 319 ACR 580/12 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ESTATE TERENCE GREW Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Judgment: 27 October 2015 RESERVED JUDGMENT OF JUDGE A N MACLEAN [1] On 16 September 2015 I issued a minute recording that unless there was any contact, and in particular submissions filed on behalf of the appellant, within 28 days the matter would be dismissed without further reference to the appellant on the papers. [2] There has been no such response and I accordingly dismiss the appeal. There is no issue as to costs. Judge A N Maclean District Court Judge ACR 580-12 Grew