16 Feb 2018
The appellant's continued challenge to previously determined issues amounted to an abuse of process; accordingly the respondent was entitled to costs and reasonable disbursements and the court ordered $2,000.00 in costs plus $101.58 in disbursements.
1 Nov 2013
The appeal was dismissed because the preponderant and consistent specialist medical evidence established that the progressive central Fuch's Endothelial Dystrophy, diagnosed before the cataract surgery, caused the appellant's right eye deterioration and the surgeries did not cause or materially exacerbate that condition; therefore no treatment injury was established.
5 Jul 2010
On the balance of probabilities the appellant did not suffer an acute incident at work and the medical evidence (including the occupational physician Dr Floyd) established the supraspinatus tear was most likely degenerative; the appellant's work tasks did not have sufficient duration, intensity or above‑shoulder exposure to satisfy s30, so ACC was correct to decline cover and the appeal is dismissed.
23 Mar 2009
The appeal was dismissed because the appellant failed to comply with the Court's direction to file submissions within the prescribed time and took no steps to prosecute the appeal, thereby satisfying the grounds for dismissal under s.161(3)(a) and (b) of the Act.
23 Aug 2007
The appeal is dismissed pursuant to section 161(3)(a) and (b) of the Injury Prevention, Rehabilitation and Compensation Act 2001 because the appellant failed to prosecute the appeal and failed to appear at the directions hearing despite being given notice and opportunity to do so.
24 Oct 2006
The appeal was struck out because the appellant failed to appear and failed to prosecute the appeal, and the court granted the third party's application to strike it out.
28 Jul 2005
The court struck out the appeal for want of prosecution because counsel could not contact the appellant and the respondent applied for strike out.
7 Mar 2005
Appellant failed to prove on the balance of probabilities that any medical error or medical mishap occurred at the time of the 1970/1974 treatments; independent medical evidence established osteoarthritis as a likely long-term consequence of altered mechanics rather than proof of contemporaneous error, and section 32(2) bars cover for later complications absent such error, therefore the ACC decision to decline cover was correctly confirmed and the appeal is dismissed.