This was an Appeal against the decision of the Learned Judge below to strike out the Claim for conspiracy on the basis that a conspiracy could not arise between a company and its sole controller and his decision to dismiss the Appellant’s application for permission to serve the Claim out of the jurisdiction on the foreign defendants. The Court dismissed the Appeal on the basis that on the alleged scheme taken at its highest was nothing more than a failed investment in an illiquid real estate development and did not have the trappings of a conspiracy to deliberately deprive the Appellants of their investment. However, the Court did find that the Learned Judge erred in finding that the relationship of principal and agent between the Company and its direct/sole shareholder defeated the allegation of conspiracy.
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Lin Chee Keen and Steven Ng -v- Fam Capital Management Limited Claim No. BVIHCMAP2015/0002 (December 2015)