Justices Act 1886

If the appellant delays in prosecuting the appeal or fails to take a necessary step to present the appeal, a District Court judge may strike out the appeal on application in the approved form by a party to the appeal.

For subsection (1), the applicant must send a copy of the application and notice of the hearing of the application to the appellant’s address for service at least 10 days before the date of the hearing of the application.

Also, if the appellant fails to appear on a day the appeal is to be heard, the judge may strike out the appeal on proof that notice of the hearing, informing the appellant the appeal may be struck out if the appellant fails to appear, was sent to the appellant’s address for service at least 10 days before the date of the hearing.