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Civil Appeal No. 20 of 2008

by syahirah.suhaili | May 23, 2009 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment

[Enforceability of an agreement recorded by court but not part of any order – Does res judicata apply to an issue which arises after commencement of an action which was not then pursued in the action.] Liaw Watt Lee, Tan Biew Peng v Baiduri Bank Berhad COACV/20/2008...

Civil Appeal No. 18 of 2007

by syahirah.suhaili | May 23, 2009 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment

[Appeal dismissed. Further stay of orders made below refusal. Costs of the appeal and below to the respondent.] Danny Chong Meng Chiang v Encore Sdn Bhd COACV/18/2007 Decision date: 23 May...

Civil Appeal No. 1 of 2009

by syahirah.suhaili | May 18, 2009 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment

[A certified copy of the Senior Magistrate’s decision was not annexed to the notice of appeal to the judge. The appeal was not properly constituted but the Judge wrongly refused to hear the appellants’ application for extension of time. Court of Appeal refused...

Civil Appeal No. 15 of 2008

by syahirah.suhaili | May 16, 2009 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment

[Equity – assignment of future income made for consideration – income payable under future contracts – effect of bankruptcy of assignor.] Baiduri Bank Berhad v The Official Receiver (the Trustee for the Property of Kumariah Bte Hj Sirat, a Bankrupt) COACV/15/2008...

Civil Appeal No. 22 of 2009

by syahirah.suhaili | May 7, 2009 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment

[Judge’s interlocutory decision in plaintiffs’ favour on liability only. Leave to appeal necessary but leave not applied for at the appropriate time. Leave to appeal and leave to apply out or time granted on the appellants’ undertaking to pay the costs of any further...

Civil Appeal No. 14 of 2007

by syahirah.suhaili | Nov 25, 2008 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment

[Plaintiff aged 9 years a passenger in motor vehicle accident. Severely injured causing serious life long disability. No evidence from which the judge could infer that he was not wearing seat belt. In any event inappropriate to find contributory negligence against...
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