Court Procedures Rules 2006

A plaintiff claiming relief by way of a division 2.9.4 order, with or without a declaration or other relief, may apply to the court for a judgment.

The plaintiff may make the application at any time after—

the plaintiff is served with a notice of intention to respond or defence; or

the end of the time set by rule 102 (Notice of intention to respond or defence—filing and service) for filing a notice of intention to respond or defence.

On the hearing of an application under subrule (1), the court may do 1 or more of the following:

give judgment in relation to the division 2.9.4 order and declaration (if any) and, if other relief is claimed, give the directions it considers appropriate about how to dispose of the rest of the proceeding;

make a division 2.9.4 order until the hearing or until a stated day;

order the parties to file and serve pleadings;

direct a trial of the proceeding.