Case law
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Division and case type: CivilMiscellaneous Application
…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…
…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…
Division and case type: CivilCivil Suit
…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…
…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…