This is an application by the defendant under O 18 r 19(1)(a)–(d) of the Rules of the High Court 1980 ('the RHC') for the striking out of the writ and the statement of claim of the plaintiffs. The application also includes a prayer for an order that the filing of the defence be deferred to 14 days after the disposal of this application. By this last prayer, I take it to mean that in the event that this application for striking out is unsuccessful, the defendant requests for 14 days' extension to file the defence.

As regards this second prayer of the defendant concerning the deferment of the statement of defence, no ground is given and nothing at all was mentioned in the affidavit in support and no submissions made by learned counsel on the matter. I believe the defendant assumes that as a matter of course when unsuccessful in the first prayer, an order on the second prayer would be made giving it time to file the necessary defence. But under the RHC, the filing of the defence outside the time allowed, unless agreed upon, requires the leave of the court with good reason given. In this case, in the absence of any reason given, this second prayer must be dismiss