Banwaitt v Dewji

Banwaitt v Dewji

The trial judge was entitled to find, on the evidence, that the defendant made fraudulent misrepresentations which induced the claimant's investment. The judge's credibility findings were justified. The order for rescission and repayment in US dollars was correct to prevent unjust enrichment of the defendant.

Parties
Claimant/respondent: Amarjit Singh Banwaitt; Defendant/appellant: Mohamed Dewji
Jurisdiction
England and Wales
Judgment Date
06 February 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Fraudulent Misrepresentation, Rescission, Restitution, Damages, Currency of Judgment
Contract Law Tort Law Equity Fraudulent Misrepresentation Rescission Restitution Damages Currency of Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Amarjit Singh Banwaitt

Claimant/respondent

Mohamed Dewji

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding fraudulent misrepresentation by the defendant
  2. 2 Whether the investment agreement should be rescinded and repayment ordered
  3. 3 Whether the repayment should be in US dollars or sterling

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the defendant made fraudulent misrepresentations which induced the claimant's investment. The judge's credibility findings were justified. The order for rescission and repayment in US dollars was correct to prevent unjust enrichment of the defendant.

Court Disposition

Appeal dismissed

Orders

  • Investment agreement rescinded
  • Defendant to repay claimant US$1,749,212.85 with interest