(1)  If a plaintiff who is bound to deliver a statement of claim fails to do so within the time prescribed, the defendant may apply at the expiration of that time to the Court or a judge for an order dismissing the action with costs.

(2)  If, on the hearing of an application, a statement of claim has not been delivered, the Court or a judge may –

(a) order that the action be dismissed; or

(b) make any other appropriate order.