Hiriaki v Accident Rehabilitation and Compensation Insurance Corporation
The appeal was struck out because the appellant failed to attend the scheduled hearing despite having acknowledged notification and intended attendance; the court exercised its discretion to strike out for want of prosecution.
Source-derived case information.
- Citation
- [1995] NZACC 103
- Parties
- Appellant: Jacob Wekipiri Hiriaki; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 August 1995
- Procedural Posture
- Appeal Pursuant to Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Hearing (struck Out for Want of Prosecution)
- Outcome
- Appeal struck out for want of prosecution
- Legal Topics
- Appeal, Striking Out for Want of Prosecution, Non Appearance
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Wekipiri Hiriaki
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Pursuant to Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Hearing (struck Out for Want of Prosecution)
Legal Issues
- 1 Whether the appeal should be struck out for want of prosecution due to the appellant's failure to appear at the scheduled hearing
Ratio Decidendi
The appeal was struck out because the appellant failed to attend the scheduled hearing despite having acknowledged notification and intended attendance; the court exercised its discretion to strike out for want of prosecution.
Court Disposition
Appeal struck out for want of prosecution
Orders
- Appeal struck out for want of prosecution
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT HAMILTON Decision No. 10 3 /95 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act 56/ 93 / 1042. BETWEEN JACOB WEKIPIRI HIRIAKI of Pio Pio Appellant (Appeal No. DCA 201/94) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent HEARD on the 7th day of August 1995 DECISION OF JUDGE A W MIDDLETON This appeal was set down for hearing in the District Court at Hamilton at 11.00 am on 7 August 1995. The appellant signed an acknowledgement confirming that he proposed to attend the hearing in order to prosecute his appeal and that notification was received by the Registrar on 24 July 1995. As the appellant had not appeared by 12.30 pm on 7 August 1995 the appeal was struck out for want of prosecution. DATED at WELLINGTON this 23 day of August 1995 A W Middleton District Court Judge DC201-94.doc(19)