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s 36.74

Application to dismiss appeal

In force
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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