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)](#GS265@Gs1@EN) , 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.