Tukuafu v Accident Rehabilitation and Compensation Insurance Corporation
Because the appellant repeatedly failed to file submissions and did not appear at the hearing despite requests and an adjournment, the court accepted the respondent's submissions, confirmed the Review Officer's decision and dismissed the appeal.
Source-derived case information.
- Citation
- [2000] NZACC 34
- Parties
- Appellant: Marcia Mary Marie Tukuafu; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 March 2000
- Procedural Posture
- Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Decision on the Papers; Hearing Called and Appellant Did Not Appear
- Outcome
- Appeal dismissed; Review Officer's decision of 28 July 1999 confirmed
- Legal Topics
- Review Decision Confirmation, Dismissal for Non Appearance, Failure to File Submissions, Adjournment Request
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marcia Mary Marie Tukuafu
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Decision on the Papers; Hearing Called and Appellant Did Not Appear
Legal Issues
- 1 Whether the appellant's failure to file submissions and to appear justified dismissal of the appeal
- 2 Whether the Review Officer's decision should be confirmed
Ratio Decidendi
Because the appellant repeatedly failed to file submissions and did not appear at the hearing despite requests and an adjournment, the court accepted the respondent's submissions, confirmed the Review Officer's decision and dismissed the appeal.
Court Disposition
Appeal dismissed; Review Officer's decision of 28 July 1999 confirmed
Orders
- Review Officer's decision dated 28 July 1999 confirmed
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 34 /2000 - -- IN THE MATTER of the Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN MARCIA MARY MARIE TUKUAFU (Al 82/99) Appellant AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE M J BEATTIE ON THE PAPERS On 23 August 1999 Mr Tukuafu gave notice, on behalf of Ms Tukuafu, of their intention to appeal against a decision of a Review Officer which was issued on 28 July 1999. On 17 September submissions were requested to be filed within 21 days. The appeal was scheduled for hearing on 14 December 1999 and notice of this was issued to all parties on 29 October 1999. On 23 November 1999 the Registrar wrote to Mr Tukuafu asking him to file submissions immediately. On 2 December 1999 Mr Tukuafu wrote asking for the matter to be adjourned. This request was granted by the Court. The appeal was again scheduled for hearing on 15 February 2000 and a notice of hearing issued to all parties on 23 December 1999. 2 The Registrar wrote to Mr Tukuafu on14 January 2000 requesting submissions to be filed by 25 January 2000. A further request was made on 31 January 2000. A final request was made by the Registrar in a letter dated 8 February 2000, outlining the importance of filing submissions prior to the hearing date. No response was received from Mr Tukuafu in relation to these requests. When the matter was called before me on 15 February 2000 there was no appearance by the appellant. Counsel for the respondent presented submissions which were accepted and adopted as stating the correct legal position. Therefore, the review decision is confirmed and this appeal is dismissed. DATED at WELLINGTON this 8th day of march 2000 M J Beattie District Court Judge Al8299.doc(sh)