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High Court to Allow Malaysian Bank to Carry On with Legal Proceedings
August 30th, 2016 | 09:27 AM | 938 views
BANDAR SERI BEGAWAN
The High Court recently ruled that the Export-Import Bank of Malaysia Bhd will be allowed to continue with its suit against its independent engineers in Brunei court.
The suit concerns Export-Import Bank of Malaysia Bhd which had appointed Adam bin Zayadi and Mohd Razif bin Daud to act as independent engineers to verify and certify work done on a project in Brunei by a subcontractor, who had obtained a financing facility from the bank.
Adam bin Zayadi and Mohd Razif bin Daud had applied to set aside the writ that was issued against them on the basis that the Courts of Malaysia are the most suitable and appropriate forum for the trial of the matter.
Justice James Findlay had in his ruling stated that all the important evidence as to what happened on site in Brunei leans towards the matter being heard in the courts in Brunei. He went on further to add that if the said dispute is heard in the Malaysian Courts, there is no provision in Bruneian law allowing for the evidence from Bruneian witnesses unwilling to travel to Malaysia to be taken here in Brunei for a trial in Malaysia. However if the trial is held in Brunei and the evidence of unwilling Malaysian witnesses is required, the law and procedure in Malaysia allows for their evidence to be taken in Malaysia
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by BruDirect.com
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