by syahirah.suhaili | May 25, 2011 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Damages for breach of contract by repudiation –principles of assessment – application of principles –may depend, in a development agreement, on the time at which the cause of action arises – mitigation of damage –onus of proof] Yapp Pow Khin, Kwang Ming Heng v...
by syahirah.suhaili | May 24, 2011 | Court of Appeal of Brunei Darussalam, Granted, Judgment
[Whether the Lunacy Act, Chapter 48, is, with respect to the provisions of the Lunacy Acts 1890 to 1908, U.K., dealing with the administration of estates of persons of unsound mind, other provision made by a written law in force in Brunei within section 2 of the...
by syahirah.suhaili | Dec 6, 2010 | Court of Appeal of Brunei Darussalam
[Deeds of assignment of development agreement and of leasehold rights by way of security – legal effect – assignor retains only equity of redemption – insufficient proprietary right to enable assignor to convey mortgaged property to another.Contract – covenant not...
by syahirah.suhaili | Nov 27, 2010 | Court of Appeal of Brunei Darussalam
[Approach of Court of Appeal to findings of fact based on acceptance by trial judge of oral evidence – advantage of trial judge who has seen and heard witness. ] Imam Muhajir [In his personal capacity and as Administrator for the Estate of Waqingatul Ngadawiyah...
by syahirah.suhaili | Nov 27, 2010 | Court of Appeal of Brunei Darussalam
[Evidence – whether bank’s certificate of money due was conclusive evidence. Whether ‘without prejudice’ correspondence admissible where there has been a concluded settlement. A bank claimed money due and applied for summary judgment. The hearing of the application...
by syahirah.suhaili | Oct 25, 2010 | Court of Appeal of Brunei Darussalam
[Assignment by Deed by a 3rd party to a creditor in respect of a debt. Issue — whether the original debt was released by the creditor. Whether the assignment is absolute or by way of charge only is nothing to the point. The debtor promisee may choose with whom...
