sec.121APowers of appellate court—absence of respondent

### sec.121A Powers of appellate court—absence of respondent An appellate court may hear an appeal in the absence of a respondent if the court— is satisfied the respondent has been served under section 118 (2) ; or dispenses with the requirement for service under section 118 (2) . If an appellate court hears an appeal under this section, the court may— confirm the decision appealed against; or vary the decision appealed against; or set aside the decision appealed against and either— substitute another decision; or remit the matter to the magistrate or Childrens Court that made the decision; or stay the decision appealed against under section 119 ; or make an order (a temporary order ) that— temporarily varies the decision appealed against; or temporarily sets aside the decision appealed against and substitutes another decision; or adjourn the appeal, whether or not the court stays the decision appealed against or makes a temporary order. s 121A ins 2022 No. 7 s 38 (sec.121A-ssec.1) An appellate court may hear an appeal in the absence of a respondent if the court— is satisfied the respondent has been served under section 118 (2) ; or dispenses with the requirement for service under section 118 (2) . (sec.121A-ssec.2) If an appellate court hears an appeal under this section, the court may— confirm the decision appealed against; or vary the decision appealed against; or set aside the decision appealed against and either— substitute another decision; or remit the matter to the magistrate or Childrens Court that made the decision; or stay the decision appealed against under section 119 ; or make an order (a temporary order ) that— temporarily varies the decision appealed against; or temporarily sets aside the decision appealed against and substitutes another decision; or adjourn the appeal, whether or not the court stays the decision appealed against or makes a temporary order. - (a) is satisfied the respondent has been served under section 118 (2) ; or - (b) dispenses with the requirement for service under section 118 (2) . - (a) confirm the decision appealed against; or - (b) vary the decision appealed against; or - (c) set aside the decision appealed against and either— (i) substitute another decision; or (ii) remit the matter to the magistrate or Childrens Court that made the decision; or - (i) substitute another decision; or - (ii) remit the matter to the magistrate or Childrens Court that made the decision; or - (d) stay the decision appealed against under section 119 ; or - (e) make an order (a temporary order ) that— (i) temporarily varies the decision appealed against; or (ii) temporarily sets aside the decision appealed against and substitutes another decision; or - (i) temporarily varies the decision appealed against; or - (ii) temporarily sets aside the decision appealed against and substitutes another decision; or - (f) adjourn the appeal, whether or not the court stays the decision appealed against or makes a temporary order. - (i) substitute another decision; or - (ii) remit the matter to the magistrate or Childrens Court that made the decision; or - (i) temporarily varies the decision appealed against; or - (ii) temporarily sets aside the decision appealed against and substitutes another decision; or