Thank you for posting that, which has given me a far wider understanding of the wording of the agreement than I had previously. I have to say I’m less clear on the intention of the material clause than I was previously and fwiw therefore now feel the application to dismiss will almost certainly fail, as any benefit of doubt in relation to a clause will be given to the party not seeking to rely upon it.
So I’ve come round to your way of thinking (although via a slightly different route)
@Fode N The Hole
A reminder (not that I really needed it) that you can’t form a worthwhile opinion based on part information. City and FFP being another case in point.