Supreme Court Rules 2000

A person against whom a proceeding may be continued after the death of the plaintiff or applicant may apply to compel any person entitled to proceed to do so.

On the hearing of an application, the Court or a judge may order that the person entitled to proceed do so within any period specified in the order.

If a person entitled to proceed fails to comply with an order – judgment may be entered for the defendant with costs, if the proceeding is an action; or the application may be dismissed with costs, if the proceeding is not an action.

Execution may issue for the costs as is provided for by rule 878.