How can the damages be deemed factual before all the evidence is heard? At best there is a prima facie case (it's great fun demonstrating our legal expertise isn't it?).
The $1.1 billion damages sought refers to the supposed value of the 12 or so structures that were excluded by MRT in granting EL 14/2009. It will be fascinating to learn how Smart Win can be held responsible for that (let alone how it is known they were worth $1.1 billion).
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