The Court declined to add to the formal orders a declaration that a legacy under clause 8.8 of the will was not payable, where the fourth respondent sought to extend the Court's earlier finding that clause 8.6 (dealing with intercompany loan forgiveness) was unenforceable to a personal loan owed to the deceased. The Court held that the source of funds advanced under a loan agreement does not change the identity of the creditor, and that a loan between a corporate entity and a natural person was not an 'intercompany loan' within the scope of clause 8.6. Orders were made in the form proposed by the applicants and the majority of respondents.
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