RASMALA TRADE FINANCE FUND v TRAFIGURA PTE LTD

Decision date: 7 October 2026

Neutral citation: Neutral citation not available

Court: Court of Appeal (Civil Division)

Insurance classification confidence: high

Overall AI summary confidence: high

AI notice: Any short overview, ratio decidendi summary, or obiter dicta summary on this page is AI-generated. It is provided solely to help users assess possible relevance and may be inaccurate or incomplete. It is not legal advice. Users should read the original judgment and obtain appropriate legal advice before relying on any summary.

Short overview

A short description of the case, material issue, and outcome where supported by the judgment.

AI confidence in this overview: high

Rasmala sought restitution of over $22.6m it had paid to Trafigura after payments were made under a mistaken belief that they financed genuine coal contracts with Farlin, which had in fact committed a fraud. The central issue was whether Trafigura, which received and in good faith applied the payments and then continued trading with Farlin, could rely on the change of position defence to resist restitution. The Court of Appeal dismissed the appeal, agreeing with the judge that Trafigura had suffered a substantial and irreversible detriment such that it would be inequitable to require repayment.

Ratio decidendi

The legal reasoning necessary to the outcome, where it can safely be identified from the judgment.

AI confidence in this ratio summary: medium

Where a recipient has been enriched by a payment made by mistake but, in good faith, has changed its position (here by continuing trading and thereby losing the opportunity to claim or realise equivalent recoveries) to its substantial and irreversible detriment, it may be inequitable to order restitution — the change of position defence can bar recovery.

Obiter dicta

Judicial observations that were not necessary to the outcome, where they can safely be identified.

AI confidence in this obiter summary: low

No clear obiter dicta can safely be identified from the judgment.

Warning

The automated summary was prepared from selected parts of a longer judgment; consult the original decision for the complete reasoning. The middle of the judgment was omitted; this limits the available factual and analytical detail and may omit parts of the court's reasoning.

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