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 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...
