39 In opening Sandra’s situation, her legal professionals gave a slide presentation of which slide 20 only names Ken and Sally as being the defendants who are already “sued for fraudulent / negligent misrepresentation”. Sebastian and Strategic Prosperity had been said to only happen to be sued for conspiracy.
(a) The key actionable representation is it had been represented to her that it was Secure and successful to take a position during the Scheme (the “Risk-free and Rewarding Representation”) …
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74 I do however notice that Ken and Sally should really bear some duty for that statements made within the marketing booklet and brochure, and in the Suntec Meeting, regarding their earnings from the scheme. There have been a few aspects to this:
If, in fact, any of the alleged representations by Ken, Sally or Sebastian had played a true and substantial component in Sandra’s determination to invest in SureWin4U, a single might have expected to find out that stated in her messages to her downlines. But that's not being discovered. The clarification that Sandra available was that her downlines also attended the SureWin4U seminars, and so they would have listened to for them selves what was mentioned at People seminars.
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139 SureWin4U had exaggerated the extent of Ken and Sally’s earnings, as offered on the Suntec Meeting, and Ken and Sally need to get some obligation for that, for they knew that their earnings as many as that time were not that Considerably.
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169 From the existing situation, I'm able to accept the lacking messages might have revealed much more Call involving Ken, Sally, and Sebastian, to the a person hand, and the Ong brothers and Some others involved in functioning SureWin4U, Conversely.
123 In her closing submissions, however, the “HK No.one Representation” was portrayed as one of many 4 principal actionable representations on the core of Sandra’s scenario. The representation is formulated in Sandra’s reply submissions as follows:
129 Sandra’s conduct while in the aftermath of SureWin4U’s collapse exhibits that Sandra experienced not relied to the representations she alleges Ken, Sally, and Sebastian had designed to her, in investing into SureWin4U.
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