s 33.33

Absence of party

In force

(1)

If a party is absent when an appeal is called on for hearing, the opposing party may apply to the Court for an order that:

(a)

if the absent party is the applicant to the appeal:

(i)

the appeal be dismissed; or

(ii)

the hearing be adjourned; or

(b)

if the absent party is the respondent to the appeal:

(i)

the hearing proceed generally or in relation to a particular claim for relief in the appeal; or

(ii)

the hearing be adjourned.

(2)

If an appeal is dismissed because the applicant to the appeal was absent, the applicant may apply to the Court for an order:

(a)

to set aside the dismissal; and

(b)

for the further conduct of the appeal.

Note:

The Court can make an order on its own initiative—see rule 1.40.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.