A party seeking a mandatory interlocutory injunction compelling payment of money under a contract must demonstrate it is ready, willing and able to perform its own contractual obligations; maintaining an inconsistent position that the contract has been terminated while simultaneously claiming ongoing contractual entitlements will preclude equitable relief. The contractual exclusion of consequential damages is a relevant factor in assessing the adequacy of common law damages on the balance of convenience. Where a party has a strong prima facie case for a contractual payment entitlement and the defendant's defence arguments are weak, the court may order partial payment to the plaintiff and partial payment into court as a form of interlocutory relief.
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