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1985 MarsdenLR 834

MOHAMED AZMI, SEAH, WAN HAMZAH
SEE HUA DAILY NEWS BHD – Appellant
Versus
TAN THIEN CHIN – Respondent


Advocates:
Lin Kuan Yuh for the appellant.
Mekanda Singh Sandhu for the respondents.
Solicitors: KY Lin & Co; MS Sandhu.

Mohamed Azmi SCJ

(delivering the Judgment of the Court): This is an appeal against the decision of the High Court at Miri, Sarawak, which on December 10, 1984 allowed the respondents application for summary judgment in the total sum of B$109,192.12 cts. under Order 14 RSC 1980 in respect of a judgment obtained in Brunei High Court on July 20, 1982. The relevant part of the Order appealed against reads: —

"It is ordered that judgment be entered in favour of the plaintiffs in Brunei currency for the sum of $75,000.00 and taxed costs of $34,192.12, interest thereon at the rate of 8% per annum from the date of judgment until full payment and costs to be taxed."

At the hearing of the Order 14 application, the appellants — a newspaper company incorporated in Malaysia and the proprietor of a journal circulating in Brunei — contested the application on two grounds. First, the Brunei judgment was obtained by fraud, and second, the enforcement of the foreign judgment was against public policy. The entire allegation of fraud can be found in Mr. Lin Kuan Yuh's two affidavits in opposition affirmed on July 10, and October 15, 1984. Paragraph 3 of the first affidavit reads: —

"I crave leave to r

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