Absence of party
36.75 Absence of party
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:
if the absent party is the appellant:
the appeal be dismissed; or
the hearing be adjourned; or
the hearing proceed only if specified steps are taken; or
if the absent party is the respondent:
the hearing proceed generally or in relation to a particular claim for relief in the appeal; or
the hearing be adjourned; or
the hearing proceed only if specified steps are taken.
If a hearing proceeds in a party's absence and during or at the conclusion of the hearing an order is made, the party who was absent may apply to the Court for an order:
setting aside or varying the order; and
for the further conduct of the hearing.
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