The plaintiff set the action down for trial.
The defendant subsequently brought a motion to compel answers to undertakings and refusals from discovery.
The plaintiff raised a preliminary objection that the defendant required leave under Rule 48.04(1) because defense counsel had completed a Certification Form, allegedly consenting to the action being placed on the trial list.
The Master dismissed the preliminary objection, finding that completing the Certification Form did not constitute consent under Rule 48.06(1), and therefore the defendant did not require leave to bring the motion.
