Rankin v Accident Compensation Corporation (Leave to Appeal)
The application for leave was dismissed because the applicant failed to comply with a clear court direction to file submissions by the set deadline; non‑compliance justified dismissal of the leave application.
Source-derived case information.
- Citation
- [2018] NZACC 93
- Parties
- Applicant: Grant Rankin; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 June 2018
- Procedural Posture
- Application for Leave to Appeal to the High Court Under S162 of the Accident Compensation Act 2001 / District Court Decision on Leave Application (application Dismissed for Non‑compliance)
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Question of Law, Failure to Comply With Court Directions, Dismissal for Want of Prosecution
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grant Rankin
Applicant
Accident Compensation Corporation
Respondent
Procedural Posture
Application for Leave to Appeal to the High Court Under S162 of the Accident Compensation Act 2001 / District Court Decision on Leave Application (application Dismissed for Non‑compliance)
Legal Issues
- 1 Whether leave to appeal should be granted under s162
- 2 Whether the application for leave can be dismissed for failure to file submissions as directed
Ratio Decidendi
The application for leave was dismissed because the applicant failed to comply with a clear court direction to file submissions by the set deadline; non‑compliance justified dismissal of the leave application.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal to the High Court dismissed for failure to file submissions as directed (dismissal dated 15 June 2018)
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT AT AUCKLAND [2018] NZACC 93 ACR 221/14 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION UNDER SECTION 162 OF THE ACT FOR LEAVE TO APPEAL TO THE HIGH COURT ON A QUESTION OF LAW BETWEEN GRANT RANKIN Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers at Auckland Judgment: 15 June 2018 MINUTE OF JUDGE G M HARRISON [1] In my minute of 10 May 2018 I directed Mr Rankin to file submissions in support of his application for leave to appeal to the high Court by 4 June 2018. [2] I stated that failing the filing of those submissions the application for leave would be dismissed. [3] No submissions have been filed by Mr Rankin, and the application is dismissed accordingly. G M Harrison District Court Judge