2 Apr 2002
EDWIN JOHN PHILLIPS v. SA SA INTERNATIONAL HOLDINGS LTD.
- Citation
- EDWIN JOHN PHILLIPS v. SA SA INTERNATIONAL HOLDINGS LTD.
- Court
- Court of First Instance
- Case number
- HCA5190/2001
The court held that the Call Option Agreement's entire agreement clause, by its wording, was capable of superseding and cancelling the prior oral undertaking concerning exercise of the option; however, it was arguable that an estoppel or a deliberate agreement to omit and conceal the oral term could prevent the defendant relying on the clause. The pleaded case as drafted was deficient but not hopeless: leave to re‑amend to plead estoppel in the specific terms indicated and to plead mistake/rectification with particulars was granted; the fraudulent misrepresentation plea was struck out.