Under Part 18 Rule 3 of the District Court Rules, proceedings dismissed for want of prosecution on the application of a party cannot be reinstated under subrule 4, which only applies to orders made on the court's own motion. The court will look to the record of what actually occurred at the hearing, not to the judge's subsequent characterisation of the basis for the order. Participation in subsequent proceedings does not preclude a challenge to an order made without jurisdiction.
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