30 Jun 1988
REFCO INC v. TROIKA INVESTMENT LTD AND ANOTHER
- Citation
- REFCO INC v. TROIKA INVESTMENT LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV46/1988
The Court held that the pleaded causes alleging implied terms in the Clearing Agreement, a collateral warranty/representation and agency were arguable on the pleadings and leave to re-amend should be permitted for those causes; however the pleaded allegation of fraud (that Tai Fook never intended to support Troika) lacked the necessary particularity and foundation and the re-amendment on fraud was rightly refused; Tai Fook's cross-appeal to strike out the contractual cause was dismissed.