High Court Wellington
5 May; 2 June 1995
Henry J
5 May; 2 June 1995
Henry J
Practice and procedure — Interim payment of damages — Loan facility and syndication agreement — Plaintiff claiming substantial damages and seeking order for interim payment — Plaintiff alleging that it would obtain judgment for substantial damages — Whether substantial damages likely to be awarded — Onus of proof — Factors to be considered in exercise of discretion — Contractual Remedies Act 1979, ss 8 and 9 — Fair Trading Act 1986 — High Court Rules, R 346C(c).
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