“Whether claimant must demonstrate readiness and willingness to perform at date of specific performance order.”
The court was asked whether the claimant is entitled to contend that the correct test for readiness and willingness to perform its obligations is assessed at the date of a putative order for specific performance, rather than at an earlier date. If so, the court was to determine whether that is the correct legal test or what the proper test should be. The judgment also addresses procedural questions regarding whether to stay the summary judgment application or order expedited conjoined hearings.
The court considered whether the claimant could advance the proposition that readiness and willingness should be tested at the date of a prospective specific performance order rather than at an earlier stage.
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