“…Assuming without deciding that this is a correct analysis of the reasoning of the Court of Appeal in Re Highgrade Traders [1984] BCLC 151, I do not consider that it assists BGC. It seems to me to be plain that BGC’s purpose in incorporating the Antecedent Communications into the Settlement Agreem…”
“…That test has been applied in the subsequent decisions in this area of the law. Thus in Re Highgrade Traders[1984] BCLC 151 (“Highgrade”), it was made clear that the exercise of determining dominant purpose in each case is a determination of fact, and that the court must take a real…”