Renraw Investments Limited and others v Real Time Systems Limited (Trinidad & Tobago)
[2023] UKPC 39
Darren Singh v LMCS Ltd (Trinidad and Tobago)
14 March 2024
[2024] UKPC 5
Privy Council
A company (LMCS) paid a man (Singh) a lot of money. The company said it was a loan; the man said it was payment for a debt. Two courts agreed it was a loan. A higher court refused to change their minds because there wasn't a good enough reason to do so. The man lost the case.
Key Facts
- •LMCS paid Darren Singh TT$1,500,000.00.
- •LMCS claimed it was a loan, Singh claimed it was payment for a debt owed by LMCS to a third party.
- •The High Court found in favour of LMCS, ruling the payment was a loan.
- •The Court of Appeal upheld the High Court's decision (with one dissenting judge).
- •Singh appealed to the Privy Council.
- •The Privy Council applied the principle of not overturning concurrent findings of fact unless exceptional circumstances exist.
Legal Principles
The Privy Council generally will not overturn concurrent findings of fact by lower courts unless exceptional circumstances exist.
Devi v Roy [1946] AC 508
Exceptional circumstances justifying a departure from the concurrent findings of fact rule include miscarriage of justice or violation of law/procedure; errors of law affecting the finding; or cases of unusual nature.
Devi v Roy [1946] AC 508; Sancus Financial Holdings Ltd v Holm [2022] UKPC 41
The appellant bears the burden of demonstrating exceptional circumstances to justify overturning concurrent findings of fact.
Sancus Financial Holdings Ltd v Holm [2022] UKPC 41
Outcomes
The Privy Council dismissed Singh's appeal.
The Privy Council found that Singh failed to demonstrate the exceptional circumstances necessary to overturn the concurrent findings of fact by the High Court and Court of Appeal. The arguments presented were considered to be re-arguments of the facts, not exceptional circumstances.
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