39 In opening Sandra’s scenario, her lawyers gave a slide presentation of which slide twenty only names Ken and Sally because the defendants who are actually “sued for fraudulent / negligent misrepresentation”. Sebastian and Strategic Wealth had been reported to only have already been sued for conspiracy.
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The SOC will not point out Philip Ong, but her closing submissions incorporate him to be a conspirator – this is simply not a satisfactory means of Placing forward a conspiracy claim.
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which was presently stated. I settle for Ken’s clarification that it had been only after the collapse of SureWin4U that he arrived to be aware of, from one of his downlines, that the intention was to obtain China Kunda Technologies Holdings Ltd.
40 For now, I merely notice that the main focus of Sandra’s misrepresentation claims was greatly on Ken and Sally.
168 If, even so, Sandra’s case on the remainder of the proof does supply a Basis for the drawing of an adverse inference in relation for the missing messages, irrespective of whether to attract these types of an inference – and what inference – continue to will depend on the circumstances. As the court place it in Sudha Natrajan v The Bank of East Asia Ltd [2017] 1 SLR 141 at [23]: “s 116(g) would not afford to pay for the court docket the chance to speculate concerning exactly what the proof can be with no some foundation for your drawing in the inference which the opposing bash seeks to persuade the court docket to draw.
He mentioned, “I also set all my money in”, in response check here to Sandra declaring that she had “put Pretty much all my money in their palms”. His use with the term “also” implies that he meant the same as Sandra: Nearly all his money, as opposed to basically all his money. I settle for his rationalization on this place.
128 For completeness, I find that there was very little Fake or fraudulent in what Ken, Sally, or Sebastian stated to Sandra about her efficiency and likely from the context of SureWin4U.
129 Sandra’s conduct in the aftermath of SureWin4U’s collapse exhibits that Sandra had not relied over the representations she alleges Ken, Sally, and Sebastian had created to her, in investing into SureWin4U.
185 I also do not settle for that Ken, Sally, and Sebastian owed Sandra a responsibility of treatment they breached, as she contends.