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But I discover that although Ken and Sally associated them selves with the exaggeration of their earnings, they did not condone the exaggeration Together with the intention of inducing Other folks to take a position in SureWin4U. Nor did the exaggeration of earnings Participate in any true and considerable portion in Sandra’s choices to invest.
a hundred Sandra asked Sebastian “Need to I try this?”, having advised him that she completely dependable SureWin4U and experienced “set Nearly all my money in their palms”. I take that she was inquiring Sebastian if he considered SureWin4U may very well be reliable. Sebastian’s reply, on the other hand, was alternatively non-committal: “Ought to see how u play.
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She claims at para 266 of her closing submissions that Ken, Sally, and Sebastian breached the normal of care they owed to her in the next way:
The SOC doesn't point out Philip Ong, but her closing submissions include things like him as a conspirator – it's not a satisfactory means of putting forward a conspiracy claim.
147 The proof before the courtroom regarding occasions up for the collapse of SureWin4U will not confirm any arrangement – between the defendants over the just one hand, and SureWin4U and/or even the Ong brothers (or possibly of them) However – to bring about personal injury to Sandra.
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141 I also generally find that Ken, Sally, and Sebastian were not fraudulent in the sense of these acquiring manufactured statements realizing they ended up Wrong, or not truly believing in the truth of what was claimed (I will examine this additional in relation to the declare for conspiracy to defraud). At most, I would fault Ken and Sally for not insisting that SureWin4U make a correction to what it prepared to state about their earnings.
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fifty one Sandra knew that as fellow plan members, Ken and Sally would not know – as being a make any difference of actuality – whether or not SureWin4U was “Safe and sound and profitable”, any over she would when she invested within the plan. Ken and Sally could website only tell her their opinion of SureWin4U, very like what Sandra would afterwards do at a SureWin4U celebration, also to her downlines and opportunity downlines.
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I also place all my money in. Not approximately u place la.” His response, “Have to see how u Engage in” was not a resounding endorsement of SureWin4U’s trustworthiness; fairly, it means, “it really is determined by how you would like to do these items”, as Sebastian stated at demo.