New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Non-prosecution dismissal

Legal area

Court

11 Oct 2010

Howland v Accident Compensation Corporation

Citation

[2010] NZACC 177
Court

District Court

Because the appellant, through no fault of her own, had been deprived of her right to be heard, that constituted a 'very special reason' under established authority to recall the Court's prior dismissal for non-prosecution, and the decision of 15 July 2009 is recalled.
20 May 2009

Boyd v Accident Compensation Corporation

Citation

[2009] NZACC 89
Court

District Court

The appeal was dismissed because the appellant failed to comply with clearly notified directions including an 'unless' order, did not file submissions, did not appear at the hearing and gave no satisfactory explanation for the delay or non‑appearance, thereby satisfying the grounds for dismissal under s161(3)(a) and/or (b) of the Act.