JUDGMENT

Introduction

[1] This is an appeal by the appellant against the decision of the learned Judicial Commissioner ('Judge') made on 19 January 2018 dismissing the appellant's claim with no order as to costs and dismissing the Counterclaim of the 1st to 3rd respondents with no order as to costs.

[2] The 1st to 3rd respondents filed a cross-appeal dated 20 April 2018 against the said High Court's decision in relation to the High Court's refusal to order restitution of the monies paid by the 1st respondent to the appellant under the illegal MLA 2013.

[3] We shall for easy reference refer to the parties as they were in the court below.

Brief Facts

[4] The plaintiff, Dr H K Fong Brainbuilder Pte Ltd is a company incorporated in Singapore by Dr Fong Ho Keong ('Dr Fong'), a Singaporean citizen. Dr Fong claims to have developed 'Dr Fong's Method' of teaching mathematics to students in primary and secondary schools. The 2nd and 3rd defendants were Dr Fong's best friends for 55 years and interested in the business. Pursuant to that, the 1st defendant was established; the 2nd and 3rd defendants owned 85% of the 1st defendant while Dr Fong owned the remaining 15%.