s 36.74
In forceApplication to dismiss appeal
Chapter 4Appellate jurisdiction
Part 36Appeals
Division 36.6Ending appeals
36.74 Application to dismiss appeal
(1)
A respondent may apply to the Court for an order that the appeal be dismissed for the failure by an appellant to do any of the following:
(a)
comply with a direction of the Court;
(b)
comply with these Rules;
(c)
attend a hearing relating to the appeal;
(d)
prosecute the appeal.
(2)
An application under subrule (1) must be served on the appellant:
(a)
at the appellant's address for service; or
(b)
personally.
Note:
The Court may make orders subject to conditions—see rule 1.33. The Court may fix a time for the doing of an act and in default order the appeal be dismissed.
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