by syahirah.suhaili | May 14, 2008 | Court of Appeal of Brunei Darussalam
[Assessment of damages – pain and suffering and loss of amenities – principles applicable – appeal – approach of appellate court – whether there has been a “wholly erroneous” estimate of the damages suffered such as to warrant interference.] HJH ROSMAHWATI BTE HJ...
by syahirah.suhaili | May 3, 2008 | Court of Appeal of Brunei Darussalam
[1. Only on exceptional circumstances will the Court of Appeal allow an appeal against a decision below by consent of the parties.2. There can be no criticism of the decisions below but in the exceptional circumstances of this case appeal allowed on the application of...
by syahirah.suhaili | Dec 4, 2007 | Court of Appeal of Brunei Darussalam
[Assignment of future moneys due under contract – effective because made for consideration which passed, was expressed in present terms and was notified to debtor – against judicial manager who uses moneys to pay company debts – personal liability of judicial...
by syahirah.suhaili | Dec 3, 2007 | Court of Appeal of Brunei Darussalam
[Issue of Certificate of Practical Completion by architect under a concurrent contract held to be valid. Appeal allowed. Cost sent back to trial judge to decide damages issue. Appeal dismissed on a 2nd claim.] Pg Hj Tuah Bin Pg Hj Menudin (Puting) and 11 others v...
by syahirah.suhaili | Dec 3, 2007 | Court of Appeal of Brunei Darussalam
[Limitation of actions – accrued right under Limitation Act 1967 – 2004 amendments to Interpretation and General Clauses Act 1959 do not have the effect that Emergency (Limitation) Order 1991 took away existing right – application of Marsal v Apong [1998] 1 WLR 674 –...
