Question 1 of 10

You act for a Defendant on a contested application for an extension of time of 14 days to file its defence. The Claimant has already granted the Defendant an extension of 14 days and given the extensive pre action conduct is of the view your client has had sufficient time to prepare its defence. At the hearing of the application the Defendant argues that the order should be made given that the Claimant could have agreed to a further 14 days under the rules. The master does grant the extension for the full 14 days but is critical of the Defendant’s conduct and expresses sympathy with the Claimant’s position.What would be the most appropriate submission to make on costs on behalf of your client?

A. As the Defendant has been successful in securing the full 14 days an application for costs in the case would be most appropriate. B. Even though the Defendant has been successful in securing the full 14 days, given the Claimant should have agreed to a further 14 days under the rules and taking into account the comments by the master there should be no order as to costs. C. As the Defendant has been successful in securing the full 14 days an application for costs in any event would be most appropriate, which is in line with the general rule. D. On the basis the Claimant should have agreed a further 14 days under the rules without the need for an application for an extension, an application for costs in any event would be most appropriate, which is in line with the general rule.