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A trustee in bankruptcy obtained an order for possession and sale of the bankrupt's matrimonial home, in which the bankrupt had a 50% interest. Eventually, the bankrupt's wife bought the interest. The bankrupt brought a claim in fraudulent misrepresentation, essentially alleging that, in the knowledge that the wife would seek to buy the interest, bids were concocted in order to inflate the price paid by her. Arnold J struck out the claims. There was no basis upon which to infer that the bids were concocted fraudulently and the case was inherently improbable. Further it was not alleged that the wife relied upon the representations made as regards the bids and suffered loss as a result. Also, the assignment to the bankrupt of the wife's claim was an assignment of a bare cause of action and amounted to maintenance.
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