Rasmala Trade Finance Fund v Trafigura Pte Limited

Rasmala Trade Finance Fund v Trafigura Pte Limited

The proposed amendments concern payments made in materially different circumstances from the Rasmala Payments and constitute dissimilar fact evidence. There is insufficient evidential foundation to allege Trafigura's knowledge of fraud in relation to the other financiers. Allowing the amendments would overburden and...

Source-derived case information.

Parties
Claimant: Rasmala Trade Finance Fund; Defendant: Trafigura Pte Limited
Jurisdiction
England and Wales
Judgment Date
12 October 2022
Procedural Posture
Commercial / Interlocutory Application—application to Amend Particulars of Claim and Cross Application to Strike Out
Outcome
Application to amend dismissed; cross-application to strike out granted.
Legal Topics
Pleading Amendments, Strike Out Applications, Fraud, Constructive Trust, Unjust Enrichment, Similar Fact Evidence
Commercial Law Civil Procedure Pleading Amendments Strike Out Applications Fraud Constructive Trust Unjust Enrichment Similar Fact Evidence

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Parties

Rasmala Trade Finance Fund

Claimant

Trafigura Pte Limited

Defendant

Procedural Posture

Commercial / Interlocutory Application—application to Amend Particulars of Claim and Cross Application to Strike Out

Legal Issues

  1. 1 Whether claimant may amend particulars of claim to plead similar fact evidence of alleged frauds involving other financiers
  2. 2 Whether parts of the claimant's case should be struck out as irrelevant or prejudicial

Ratio Decidendi

The proposed amendments concern payments made in materially different circumstances from the Rasmala Payments and constitute dissimilar fact evidence. There is insufficient evidential foundation to allege Trafigura's knowledge of fraud in relation to the other financiers. Allowing the amendments would overburden and distort the trial, causing real and unfair prejudice. The application to amend is refused and the strikeout application is granted.

Court Disposition

Application to amend dismissed; cross-application to strike out granted.

Orders

  • Claimant's application to amend particulars of claim refused.
  • Relevant paragraphs and schedules in the claimant's pleading struck out.