Yes the plaintiff NME has the burden of proof but proving there was a valid contract and that MCT breached it should not be difficult. Of course the breach was an oversight but NME will probably be able to point to other 'oversights' such as failure to provide them with announcements (2 the I can recall) and making anns without mentioning NME always seemed odd to me. Likely that MCT and NME were acting in a hostile manner towards each other with MCT holding the cards as the JV manager. NME saw a legal opening and went for it.
The court has a number of remedies short of cancelling the JV.
This is a complex area of law and you would have to agree that the action has given NME the ability to drag out the case and keep MCT and the TO under a legal cloud for a considerable period of time.
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Yes the plaintiff NME has the burden of proof but proving there...
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