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...
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...
