June 9, 2010

JUSTICE HADLEY

JAMAHAT BIN HJ LIMAN v. ANG SWEE CHUAN
PRIVY COUNCIL UK [BRUNEI DARUSSALAM]
APPEAL NO. 21 OF 1998
LORD SLYNN OF HADLEY, J, LORD LLOYD OF BERWICK, J, LORD STEYN, J, LORD HUTTON, J, SIR CHRISTOPHER SLADE, J
22 JUNE 1998

Their Lordships cannot accept these submissions. The intentions of the two parties to the transactions have to be ascertained with due regard to the words which they used to express them in the three relevant documents. There is nothing in the recitals to any of the documents which suggests that the granting of the power of sale to Malai is to be conditional upon the completion by him of the eight houses. The recitals to the Power of Attorney itself refer merely to Malai's promise to do this work as consideration for the appellant's promise to give him Lot No. 3711. 

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