265Delivery of statement of claim

265 Delivery of statement of claim

(1)  If a writ is endorsed with a statement of claim –

(a) a further statement of claim is not to be filed or delivered; and

(b) the endorsement on the writ is taken to be the statement of claim.

(2)  Subject to subrule (1) , a plaintiff is to file and deliver to each defendant a statement of claim –

(a) when the writ is served on the defendant; or

(b) at any time after service of the writ but before the expiration of 21 days after the defendant files a notice of appearance.

(3)  If a plaintiff who is required to deliver a statement of claim does not do so within the period of time allowed, the defendant, at the expiration of that period, may apply to the Court or a judge to dismiss the action with costs, for want of prosecution.

(4)  On the hearing of the application, the Court or a judge, if a statement of claim has not been delivered, may –

(a) order the action to be dismissed accordingly; or

(b) make such other order on such terms as the Court or judge thinks just.