388. Non-appearance of respondent

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 the respondent, 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 the respondent to appear.

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 the respondent is absent at the hearing of the appeal, the court may hear the appeal in the respondent’s absence.