Recall of dismissal for non-appearance where delay and absence were adequately explained and the appeal was restored.

An earlier dismissal of an appeal for non-appearance was treated as liable to recall where the appellant showed that the final order had not been enclosed with the covering letter and that steps were later taken to obtain the order and pursue the matter. Those facts were accepted as adequately explaining the delay and absence, and the appeal was restored to its original number for regular hearing.

---

---

Issues: Whether the earlier order dismissing the appeal for non-appearance should be recalled and the appeal restored to its original number.

Analysis: The application was supported by material showing that the final order had not been enclosed with the covering letter sent to the appellant, and that the appellant had taken steps to obtain the order and pursue the matter thereafter. In these circumstances, the delay and non-appearance were treated as adequately explained, and the earlier dismissal was found liable to be recalled.

Conclusion: The earlier order was recalled and the appeal was restored for regular hearing.

---