Munro v Accident Compensation Corporation
The appeal was struck out because the appellant failed to prosecute the appeal and did not provide the promised written confirmation of withdrawal after repeated requests, justifying the court's exercise of its power to strike out for want of prosecution.
Source-derived case information.
- Citation
- [2003] NZACC 204
- Parties
- Appellant: S Munro of Ashburton; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 August 2003
- Procedural Posture
- Appeal Under Section 149 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 and the Accident Insurance Act 1998 / Decision on the Papers; Strike Out for Want of Prosecution
- Outcome
- Appeal struck out for want of prosecution
- Legal Topics
- Independence Allowance, Appeal, Strike Out for Want of Prosecution, Delay in Prosecution
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
S Munro of Ashburton
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Under Section 149 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 and the Accident Insurance Act 1998 / Decision on the Papers; Strike Out for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be struck out for want of prosecution
- 2 Whether the appellant effectively withdrew the appeal without providing required written confirmation
Ratio Decidendi
The appeal was struck out because the appellant failed to prosecute the appeal and did not provide the promised written confirmation of withdrawal after repeated requests, justifying the court's exercise of its power 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 AT WELLINGTON Decision No. 204/2003 UNDER The Injury Prevention, Rehabilitation, and Compensation Act 2001 and The Accident Insurance Act 1998 AND IN THE MATTER of an Appeal pursuant to section 149 of the Act BETWEEN S MUNRO of Ashburton (Ref: AI 392/02) Appellant AND - ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION ON THE PAPERS [1] The appellant lodged an appeal on 19 August 2002 against a decision by the Corporation refusing to grant him an independence allowance. [2] On 4 September 2002 the Registry wrote to the appellant seeking his submissions in support of his appeal. Shortly after this the appellant phoned to request extra time to make submissions, which was granted. [3] The Registry wrote again to the appellant on 6 November 2002 requesting an update on the status of his submissions. [4] The appellant phoned the Registry on 21 February 2003 to advise his intention of withdrawing the appeal, and advised he would confirm that in writing. [5] The Registry has not received that confirmation in writing, nor has it had any other contact from the appellant since the phone call six months ago advising of his intention to withdraw the appeal. [6] I therefore STRIKE OUT this appeal for want of prosecution. DATED at WELLINGTON this 25th day of August 2003 Judge P F Barber District Court Judge Wellington AI392-02-Munro.doc(nl) 2