Tso v Accident Rehabilitation and Compensation Insurance Corporation

IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 115 /99 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to Section 91 of the Act BETWEEN TIM TSO of AUCKLAND Appellant (Ref: DCA 286/98) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE A W MIDDLETON ON THE PAPERS On 16 July 1998 Mr Tso gave notice of his intention to lodge an appeal against a decision of a Review Officer which was issued on 21 May 1998. Mr Tso's Notice of Appeal was incomplete and on 24 July 1998 his agent was requested to forward a correctly completed Notice as soon as possible. Further written and telephone requests from the Registrar in August and September 1998 failed to get any response from the Appellant's agent, Mr Richard Moody of The Peoples Centre in Auckland. In a telephone call, confirmed in writing, on 15 October 1998, Mr Moody advised that he was no longer acting for Mr Tso and provided his new address. 2 Despite four further letters being sent to the appellant on 27 October 1998, 20 November 1998, 9 March 1999 and 21 April 1999 requesting a correctly completed Notice of Appeal and submissions, no reply was received. As Mr Tso has failed to respond to the Registrar's correspondence or made any attempt to prosecute the appeal, I dismiss this appeal for want of prosecution. DATED at WELLINGTON this 5th day of May 1999. A W MIDDLETON District Court Judge 2