Pajan Singh Gill FCJ:

[1] Leave was granted by this Honourable Court on 15 August 2005 to the appellants, upon the following questions of law:

1. (a) Whether, as a matter of law, it is open to and in conformity with justice for the High Court or the Court of Appeal to find that the three relevant certificates in a drawing notice (Schedule 4 in the present case) were available on the date of the notice or date of the release of the loan granted to the borrower, when the undisputed evidence of all the witnesses for the lender and borrower shows that these three certificates were in fact or in reality, not available on the material date when the certificate of the project consultants was issued about four months after the release of the loan.

(b) Whether, as a matter of law and in the interest of justice, in the event that the Federal Court finds that the above three certificates were in fact or in reality not available on the date of the drawing notice or on the date when the loan was released the Court of Appeal or the Federal Court has a duty to interfere with the erroneous findings of the trial Judge that the three certificates were available when they were not available.

2. W