Bagnall v Accident Rehabilitation and Compensation Insurance Corporation
Because the hearing notice was sent to the appellant's correct address and the appellant failed to appear by the appointed time, the court struck out the appeal for want of prosecution.
Source-derived case information.
- Citation
- [1997] NZACC 102
- Parties
- Appellant: James Bagnall; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 22 May 1997
- Procedural Posture
- Appeal Pursuant to Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Hearing Listed; Appeal Struck Out for Want of Prosecution
- Outcome
- Appeal struck out for want of prosecution
- Legal Topics
- Appeal, Strike Out, Service of Notice, Want of Prosecution
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Bagnall
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 Listed; Appeal Struck Out for Want of Prosecution
Legal Issues
- 1 Whether appellant's failure to appear warranted striking out the appeal for want of prosecution
- 2 Whether the notice of hearing was properly sent to the appellant
Ratio Decidendi
Because the hearing notice was sent to the appellant's correct address and the appellant failed to appear by the appointed time, the court struck out the appeal 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 AUCKLAND Decision No. 102 /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 JAMES BAGNALL Appellant (Appeal No. DCA 5/97) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent HEARD on the 5th day of May 1997 APPEARANCES No appearance for the appellant R Irving for respondent DECISION OF JUDGE P F BARBER This appeal was set down for hearing in the District Court at Auckland at 12.00 noon on 5 May 1997. The notice of hearing was sent to the appellant's correct address and there is no indication that he did not receive the notice. As the appellant had not appeared by 2.45 pm on 5 May 1997 the appeal is struck out for want of prosecution. DATED at WELLINGTON this 22 day of May 1997 P F Barber District Court Judge bagnall.doc(sw)