Banwaitt v Dewji

Banwaitt v Dewji

Dr Dewji made material and intentional misrepresentations to Mr Banwaitt regarding the existence of other investors, the security and structure of the investment, and the status of planning permission and deposits. These misrepresentations induced Mr Banwaitt to invest. Mr Banwaitt did not discover the truth until trial and did not affirm the contract. He is entitled to rescission and repayment of the sums paid, or alternatively damages for deceit.

Parties
Claimant: Amarjit Singh Banwaitt; Defendant: Mohamed Dewji
Jurisdiction
England and Wales
Judgment Date
17 April 2013
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Fraudulent Misrepresentation, Rescission, Damages, Duty of Disclosure, Breach of Trust
Contract Law Tort Law Fraudulent Misrepresentation Rescission Damages Duty of Disclosure Breach of Trust

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Parties

Amarjit Singh Banwaitt

Claimant

Mohamed Dewji

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Dr Dewji made fraudulent misrepresentations to induce Mr Banwaitt's investment
  2. 2 Whether Mr Banwaitt is entitled to rescission and repayment of sums paid
  3. 3 Whether damages are recoverable for deceit

Ratio Decidendi

Dr Dewji made material and intentional misrepresentations to Mr Banwaitt regarding the existence of other investors, the security and structure of the investment, and the status of planning permission and deposits. These misrepresentations induced Mr Banwaitt to invest. Mr Banwaitt did not discover the truth until trial and did not affirm the contract. He is entitled to rescission and repayment of the sums paid, or alternatively damages for deceit.

Court Disposition

Judgment for the claimant

Orders

  • Rescission of the agreement(s) between Mr Banwaitt and Dr Dewji
  • Repayment to Mr Banwaitt of the sums he paid ($1,000,000 and $750,000)