The reason the case did not get thrown out of court is due to...

The reason the case did not get thrown out of court is due to

the case is based NOT around a Heads of Agreement HOA or what ever it is based around a Email - and phone call

But because the email - what ever it contains exists the court is forced follow the process

This is Why Marindi Keeps stating that there is no objections from both parties because they are
talking about the email

which everyone knows exists (but not what it contains )

but not the next stage - eg contract or HOA