Article 46 Failure to pursue proceedings or comply with Rules

(1)

If it appears to the Tribunal that any party to proceedings has failed to send a copy of any document to any other party or to the registrar as required by these Rules, it may—

(a)

direct that a copy be sent;

(b)

adjourn the further hearing of the proceedings; and

(c)

require the party at fault to pay any additional costs occasioned as a result of the failure.

(2)

Where a party has failed to pursue any proceedings with due diligence or has failed to comply with any of the provisions of these Rules, the registrar, on the application of any party or of his own motion, after giving the parties an opportunity to be heard may make—

(a)

an order that the proceedings be heard by the Tribunal; or

(b)

an order that the proceedings be dismissed or that any party be debarred from taking any further part in the proceedings; or

(c)

such other order as may be appropriate for expediting or disposing of the proceedings including an order for costs.

(3)

Paragraphs (9) and (10) of rule 38 shall apply to any order made by the registrar under paragraph (2).