More I'll reiterate, this isn't a lawsuit for m
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Posted On: 02/20/2015 10:04:01 PM
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I'll reiterate, this isn't a lawsuit for money. Please don't mischaracterize this. The court isn't going to come back and award millions of dollars. The court is being asked to overturn the Respondent's decision due to either lack of jurisdiction (this will likely fail), procedural fairness (decent shot here), or errors of law or fact or mixed fact and law. Costs are generally low at the Federal Court so don't expect any kind of huge monetary award. I'd suggest for this that CEN can bring an action in the Superior Court for promissory estoppel, but this would be a tough case as PE is generally meant to be used as a shield, not a sword, unless they try to rely on Central London v High Trees...but the courts aren't too keen on allowing this.
I'll reiterate, this isn't a lawsuit for money. Please don't mischaracterize this. The court isn't going to come back and award millions of dollars. The court is being asked to overturn the Respondent's decision due to either lack of jurisdiction (this will likely fail), procedural fairness (decent shot here), or errors of law or fact or mixed fact and law. Costs are generally low at the Federal Court so don't expect any kind of huge monetary award. I'd suggest for this that CEN can bring an action in the Superior Court for promissory estoppel, but this would be a tough case as PE is generally meant to be used as a shield, not a sword, unless they try to rely on Central London v High Trees...but the courts aren't too keen on allowing this.
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