Tilton v Accident Compensation Corporation
The appeal was dismissed because the appellant formally abandoned it by delivering a written Notice of Abandonment signed by counsel for both parties, leaving no live issue for the Court to determine.
Source-derived case information.
- Citation
- [2011] NZACC 41
- Parties
- Appellant: Sally-Anne Tilton; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 February 2011
- Procedural Posture
- Appeal Under Accident Compensation Act 2001 / Hearing; Appeal Abandoned by Notice of Abandonment
- Outcome
- Appeal dismissed due to abandonment by the appellant
- Legal Topics
- Suspension of Entitlements, Appeal Abandonment, Appeal Dismissal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sally-Anne Tilton
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Under Accident Compensation Act 2001 / Hearing; Appeal Abandoned by Notice of Abandonment
Legal Issues
- 1 Whether the appeal should proceed after the appellant filed a Notice of Abandonment
- 2 Whether the Notice of Abandonment was valid and binding on the parties
- 3 Effect of abandonment on the appeal outcome
Ratio Decidendi
The appeal was dismissed because the appellant formally abandoned it by delivering a written Notice of Abandonment signed by counsel for both parties, leaving no live issue for the Court to determine.
Court Disposition
Appeal dismissed due to abandonment by the appellant
Orders
- Notice of Abandonment accepted; appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT AUCKLAND Decision No. [2011] NZACC 41 IN THE MATTER of the Accident Compensation Act 2001 AND IN THE MATTER of an appeal pursuant to Section 149 of the Act BETWEEN SALLY-ANNE TILTON (Al 445/09) Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent HEARD at AUCKLAND on 10 November 2010 APPEARANCES Mr S Mitchell, Counsel for Appellant. Mr D Tui, Counsel for Respondent. DECISION OF JUDGE M J BEATTIE [1] This appeal was scheduled for hearing before me on 10 November 2010 along with appeals in relation to other decisions affecting this appellant. [2] The particular decision which was in issue in this appeal was WELLNZ's decision of 22 May 2009, suspending entitlements to the appellant. [3] It is the case that WELLNZ was the Claims Manager for Waitemata District Health Board, which employed the appellant as a nurse and who had suffered low back injuries in the course of her employment. At the commencement of the hearing of this appeal, Mr Mitchell, representing Ms Tilton, advised that the appellant was abandoning her appeal, and a written Notice of Abandonment was provided to the Court dated 10 November 2010, and signed by Mr Mitchell, as Counsel for Appellant and Mr Tui, as Counsel for Respondent. 2 [4] In those circumstances, I simply formally note that this appeal is dismissed. DATED this /5 day of February 2011 M J Beattie District Court Judge