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...
by syahirah.suhaili | Oct 2, 2010 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Evidence – Evidence Act, Cap 108, Section 114(g). The plaintiff invited the judge in his discretion to draw an adverse inference from the absence of a potential witness for the defence. The judge did not do so. Held on appeal: in the circumstances of the case the...
by syahirah.suhaili | Jun 8, 2010 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[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, Dismissed, Judgment
[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, Dismissed, Judgment
[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....
