The point of departure is rule 22(1) which states:
(1) The trial of an action shall be subject to the delivery by the plaintiff, after the pleadings have been closed, of notice of trial for a day or days approved by the registrar or clerk of the court: Provided that, if the plaintiff does not within 15 days after the pleadings have been closed deliver notice of trial, the defendant may do so.
To put things into perspective, pleadings have closed and in fact discovery has already taken place. In the plaintiff’s particulars of claim/declaration, there is an order as to costs and in the defendants plea , there is also an order as to costs;
1. Might I suggest that you set down the matter
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