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Section history

Section 388 — Non-appearance of respondent

As in force on 28 March 2013.

Timeline 3 versions
  1. 2 January 2011 Enacted
  2. 28 March 2013 You are here
  3. 31 December 2021 Revised edition
  4. 17 August 2026 Latest
388.Non-appearance of respondent

(1)If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under section 385 has been duly served on him, the court must not make any order adverse to or to the prejudice of the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for him to appear.

(2)If the notice cannot be served on the respondent, or if the court is satisfied that the notice has been duly served on the respondent, and he is absent at the hearing of the appeal, the court may hear the appeal in his absence.