by syahirah.suhaili | Jun 8, 2010 | Court of Appeal of Brunei Darussalam
[Construction of Participation Agreement. Creation of trust but no equitable assignment because specific performance excluded. Trustee correct party to sue. ] Elsie Chong Suk Mee @Mrs Suresh Janardanan v RHB Bank (formerly known as United Malayan Banking Corp.)...
by syahirah.suhaili | Jun 1, 2010 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Contract. Repudiation. General damages for breach by repudiation. Damages to be assessed as at date of acceptance of repudiation. Measure of damages. Assessment of present value of sums to be received in the future.] Haslina bte Hj Mohd Taib & Anor v Ismaco...
by syahirah.suhaili | May 29, 2010 | Court of Appeal of Brunei Darussalam
[Order 22A rule 9. The defendants made offers to a number of plaintiff’s under order 22A. Some plaintiff’s accepted the offers about 8 months later when the hearing to assess damages was nearly complete. The defendants claimed that under the rule they were...
by syahirah.suhaili | May 27, 2010 | Court of Appeal of Brunei Darussalam
[Arbitration. Insurance policy containing standard arbitration clause. Originating summons issued by insured directed to obtaining payment under the policy. Defendant filing affidavits in response directed to demonstrating that the insured’s claim was unsustainable....
by syahirah.suhaili | May 27, 2010 | Court of Appeal of Brunei Darussalam
[Land Law. Tenancy agreement – landlord in breach of covenants of quiet enjoyment and non – derogation from grant by dumping rubbish. Tenant entitled to deduct cost of removing rubbish as set-off or counterclaim when paying rent. Landlord not entitled to...
