r 10.04
In forceFailure to give particulars
Chapter 1General Rules
Part 10Further and better particulars
10.04 Failure to give particulars
(1)
If a party fails to comply with a notice requiring further and better particulars, the party who served the notice may apply for an order:
(a)
if the party in default is a plaintiff or other party claiming relief – striking out the claim; or
(b)
if the party in default is a defendant or other party against whom relief is claimed – permitting the party applying for the order to proceed as if a notice of defence had not been filed.
(2)
A party must file and serve an application under subrule (1) not later than 28 days before the date fixed for the hearing of the proceedings.
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