“20A Non-compliance with rule 20

• “(1) This rule applies to a party who—

  • “(a) is served with an application; and

  • “(b) fails to file and serve a notice of intention to appear within the time specified in or under rule 20.

  “(2) If the party appears on the day of the hearing of the application to oppose or support the application, the Judge must decide whether it is in the interests of justice to allow the party to be heard.

  “(3) In deciding, for the purpose of subclause (2), whether to allow the party to be heard in relation to the application, the Judge must take into account the following matters:

  • “(a) any reason given by the party for failing to comply with rule 20; and

  • “(b) the effect of the party's failure to comply with rule 20 on—

    • “(i) the other parties to the proceeding:

    • “(ii) the management of the proceeding.

  “(4) The Judge may—

  • “(a) allow the party to be heard in relation to the application on such terms as the Judge thinks fit; or

  • “(b) decline to allow the party to be heard.

  “(5) If the Judge allows the party to be heard in relation to the application, the Judge may—

  • “(a) either—

    • “(i) proceed with the hearing of the application in accordance with any directions that the Judge thinks fit; or

    • “(ii) adjourn the hearing of the application and give any directions about the adjourned hearing that the Judge thinks fit; and

  • “(b) make an order against the party for costs properly incurred in consequence of his or her failure to comply with rule 20.

  “(6) If the Judge declines to allow the party to be heard, the Judge may proceed with the hearing of the application as if the party had not appeared.”