7 Dec 2010
ANGLO STARLITE INSURANCE CO LTD (In Liquidation) v. ATMARAM PARSHOTAMDAS BALANI AND OTHERS
- Citation
- ANGLO STARLITE INSURANCE CO LTD (In Liquidation) v. ATMARAM PARSHOTAMDAS BALANI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA397/2010
The appeals were dismissed because, although the statement of claim inadequately pleaded particulars of dishonest or fraudulent breaches, the liquidators had placed sufficient evidential material in their affidavit (Mr Blaauw) from which particulars could be pleaded; accordingly joinder was upheld but the plaintiff was ordered to amend the statements of claim to incorporate the particulars deposed in the affidavit. The court would not strike out the claims or set aside the joinder where particulars exist and can be pleaded; limitation did not bar the pleaded fraudulent claims where s.20(1)(a)…