by syahirah.suhaili | Dec 6, 2010 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Limitation – Limitation Act Cap14, Section 27 (1) (a) – meaning of “in the possession of the trustee” – does not include property formerly in possession. ] Jerambak Holdings Pty Ltd (formerly known as Glencoe Pty Ltd) (Company No. A.C.N 009 615 105), Halaqah Sdn Bhd...
by syahirah.suhaili | Dec 6, 2010 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[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 azizi.kamarudjaman | Dec 2, 2010 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Offence under section 6(c) of Prevention of Corruption Act – appeal against conviction – elements of offence – findings of credit – advantage of trial judge – evidence of good character –meaning of section 53 of Evidence Act Appeal against sentence – importance of...
by syahirah.suhaili | Nov 27, 2010 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[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, Dismissed, Judgment
[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 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[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...
