88Dismissing proceedings on withdrawal or for want of prosecution

88 Dismissing proceedings on withdrawal or for want of prosecution

[Section 88 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  The applicant in any proceedings may, at any time, withdraw, or agree to the withdrawal of, the proceedings or a part of the proceedings.

(2)  Unless otherwise provided by the Tribunal rules, an applicant may only act under subsection (1) with the leave of the Tribunal.

(3)  The Tribunal may, at any time, make an order dismissing or striking out all, or any part, of any proceedings, if the applicant withdraws or agrees to the withdrawal of the proceedings or that part of it.

(4)  At any time, the Tribunal may make an order dismissing or striking out all, or any part, of any proceedings for want of prosecution.

(5)  The Tribunal’s power to make an order under subsection (4) is exercisable only by –

(a) a legally qualified member of the Tribunal; or

(b) a registrar who is authorised in writing by the President to make such an order, whether generally or in relation to particular classes of matters or otherwise.

(6)  The Tribunal may make an order under this section on the application of a party to proceedings or on its own initiative.