Rule 12 CostsF1

if an application is made under rule 2 where the action is not within this Order or if it appears to the judge that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, the judge may dismiss the application with costs and may, if the plaintiff is not an assisted person, require the costs to be paid forthwith; and

the judge shall have the same power to dismiss an application made under rule 10 as he has under sub-paragraph (a) to dismiss an application made under rule 2, and that sub-paragraph shall apply accordingly with the necessary modifications.