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If he fails to do both the plaintiff will be entitled to interlocutory judgment.
Regrettably, the Court retreats from these efforts in its review of an interlocutory judgment respecting the "peculiar facts" of this lawsuit.
If the letter then comes back through the dead letter office, the plaintiff's solicitor should make his own application to set aside any interlocutory judgment he has signed.
If the claim is for unliquidated damages the request (N 234) is for an interlocutory judgment for damages to be assessed and costs.
Kissoon and his employers lost an appeal against an interlocutory judgment in a libel case brought by Guyanese President Jagdeo in June 2011.
An interlocutory judgment will certainly enable the plaintiff to get an interim payment as will a judgment on liability tried first (ie when a split trial has been ordered).
There have since appeared several misrepresentations of the second of the two interlocutory judgments of Mr Justice Morland in the (first) Godfrey v. Demon action.
This resolves any remaining doubt about whether the court has power to award interest on an interlocutory judgment whether on default or acknowledgement of service, notice of intention to defend or pleading or on an admission of liability.
In practice the question of the duration of the disability imposed by the springboard doctrine does not frequently arise because most cases concerning confidential information do not come to trial following the grant of an interlocutory injunction and it can therefore be assumed that either the parties settle the action or that interlocutory judgment is treated as final.
The Court also found Auckland City Council and WIL liable for costs in relationship to the interlocutory judgement.
Because it is an interlocutory judgement it is usually heard before a master of the High Court, and a defendant only has to show a good arguable case for the plaintiff's application to fail.
In 2004, they won an interlocutory judgement in which the environment court ruled that Auckland City Council had erred in the rules, and the current rules limited controlled development to 5,000 m2 in what was called the Visitor Facility Precinct.