173 If it ended up proper to draw an adverse inference towards Ken, Sally, and Sebastian on account in the missing messages, in the conditions I would continue to not attract an adverse inference which the missing messages would have demonstrated them for being in a very conspiracy with SureWin4U and/or maybe the Ong brothers (or either of these).

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126 In almost any occasion, this (if it were mentioned) wouldn't are actually a statement of truth; It will be a statement concerning the future, at most a assure. But Ken and Sally have been in no placement to guarantee that Sandra would develop into Hong Kong’s leading salesperson (and Sandra understood that) – that may rely on how she did, relative to Other individuals in Hong Kong.

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The court also considered the Conference in Macau as evidence of Mr Wan and Ms Ho’s complicity, suggesting they have been Section of the plan’s internal circle and so needs to have identified it was fraudulent.

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137 There, Sandra explained the reason for going after Ken and Sally was simply because they had made money, while others had shed money; she did not mention that Ken and Sally experienced produced false representations that had induced her and others to speculate in SureWin4U. She further reported that it absolutely was her fault; she experienced researched lots and afterwards here set in the money, but she didn’t count on that it was such a big rip-off.

191 In essence, Sandra is indicating that if Ken, Sally, and Sebastian weren't fraudulent (and so they did not are aware that SureWin4U was a Ponzi plan), they were being Yet negligent for not determining that SureWin4U was a Ponzi scheme, and he or she could sue them for that (Despite the fact that she too did not discover that SureWin4U was a Ponzi scheme).

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123 In her closing submissions, nevertheless, the “HK No.one Representation” was portrayed as one of several 4 principal actionable representations within the Main of Sandra’s situation. The illustration is formulated in Sandra’s reply submissions as follows:

Sebastian would also continue to keep the Plaintiff educated in the approaching SureWin4U occasions or help Express messages from Ken and Sally into the Plaintiff. These types of conversation was normally completed via texts, voice messages or telephone phone calls.

35 As for Peter Ong, Whilst Sandra experienced named him as a type of who had produced Wrong and fraudulent representations to her,