Ken and Sally never require the lacking messages to counter the picture which emerges from the objective proof. Relatively, Sandra is definitely the occasion who's now expressing, in outcome, the lacking messages would've established her situation in a means that the target proof are not able to. Set yet another way, Sandra doesn't have proof to prove the alleged conspiracy, but she claims that the lacking messages would have been the evidence she essential.
196 Sandra’s closing submissions do not go that significantly: she will not say that each one individuals owe each other a obligation of care, or that before contributors owe later on participants a duty of treatment, or that those that created money owe those that missing money a duty of care; alternatively, she seeks To place Ken, Sally, and Sebastian on the pedestal to be able to impose a responsibility of care on them.
When they were certainly conspirators, it is a lot more most likely that their incriminating discussions would've been oral, instead of in a very kind of a hassle-free paper (or electronic) trail.
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She says at para 266 of her closing submissions that Ken, Sally, and Sebastian breached the standard of care they owed to her in the subsequent way:
But, Sandra went on at size regarding how A lot she thought in All those gambling strategies. Gambling, as well as beneficial returns promised by SureWin4U, were being foremost in Sandra’s head.
He additional which the missing messages could be interpreted in a variety of techniques and that the court should not make a “damning inference” about the pair. /TISG
It was a time period of your Share Investment decision Package that SureWin4U would purchase a firm that was to become outlined, but whether or not SureWin4U did receive that firm would depend on no matter whether SureWin4U kept its guarantee in that regard.
Sandra also didn't Consider SureWin4U was a Ponzi scheme, and so she actively bought SureWin4U packages, and spoke enthusiastically about her participation in the scheme in a SureWin4U party.
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To top it off, in Sandra’s opening statement, she indicated that her triggers of action in misrepresentation were being becoming raised towards Ken and Sally, although not Sebastian. I notice that Sandra did not rely on her exchange of messages with Sebastian as an assurance by Sebastian that here she could have faith in SureWin4U; she didn't depend on that in generating the 3rd tranche of her investments.
117 Slide eighteen of Sandra’s oral closing submissions slides includes a further change – the representation is recast as becoming just one “that Sandra’s investment decision will be employed to acquire a certain concentrate on organization (i.
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