sec.31Failure to prosecute proceedings

sec.31 Failure to prosecute proceedings

A respondent in a proceeding, other than a recommendatory proceeding, may apply to the court for an order dismissing the proceeding for want of prosecution if— the applicant or appellant is required under these rules to take a step in the proceeding, or is required to comply with an order of the court, within a stated time; and the applicant or appellant does not take the step or do what is required within the stated time. If an application is made under subrule (1) , the court may— dismiss the proceeding; or make any order it considers appropriate in the circumstances. An order dismissing a proceeding for want of prosecution may be set aside only— on appeal; or if the parties to the proceeding agree to the order being set aside. However, despite subrule (3) , if the order was made in the absence of the applicant or appellant, the court may, on terms the court considers appropriate, vary or set aside an order dismissing a proceeding for want of prosecution. (sec.31-ssec.1) A respondent in a proceeding, other than a recommendatory proceeding, may apply to the court for an order dismissing the proceeding for want of prosecution if— the applicant or appellant is required under these rules to take a step in the proceeding, or is required to comply with an order of the court, within a stated time; and the applicant or appellant does not take the step or do what is required within the stated time. (sec.31-ssec.2) If an application is made under subrule (1) , the court may— dismiss the proceeding; or make any order it considers appropriate in the circumstances. (sec.31-ssec.3) An order dismissing a proceeding for want of prosecution may be set aside only— on appeal; or if the parties to the proceeding agree to the order being set aside. (sec.31-ssec.4) However, despite subrule (3) , if the order was made in the absence of the applicant or appellant, the court may, on terms the court considers appropriate, vary or set aside an order dismissing a proceeding for want of prosecution.

• (a) the applicant or appellant is required under these rules to take a step in the proceeding, or is required to comply with an order of the court, within a stated time; and
• (b) the applicant or appellant does not take the step or do what is required within the stated time.
• (a) dismiss the proceeding; or
• (b) make any order it considers appropriate in the circumstances.
• (a) on appeal; or
• (b) if the parties to the proceeding agree to the order being set aside.