(1) If a party has not taken a step in a case for one year, the court may:

(a)

dismiss all or part of the case; or

(b)

order an act to be done within a fixed time, in default of which the party's application will be dismissed.

(2)

The court must not make an order under subrule (1) unless, at least 14 days before making the order, the court has given the parties written notice of the date and time when it will consider whether to make the order.

(3) If:

(a)

an application is dismissed under subrule (1);

(b)

a party is ordered to pay the costs of another party; and

(c)

before the costs are paid, the party ordered to pay them starts another application on the same or substantially the same grounds;

the other party may apply for the case to be stayed until the costs are paid.

Note
This rule applies unless the court orders otherwise (see rule 1.12).