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Public Officers’ Law Seminar :Understanding the Law
11th November 2017
www.agc.gov.bn
Civil Litigation and Dispute Resolutions Unit
Hajah Fauziah binti Haji Sulaiman
Deputy Senior Counsel
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
CONTENTS
a) Introduction to the Debt Recovery Unit;
b) Debt
c) The Process: Check List;
d) The Court Process;
e) Other means of execution; and
f) Bad Debts
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
Introduction to the Debt Recovery Unit, Civil Division
• DRU – A Unit within the Civil Division;
• DRU is situated at the 1st Floor The Law Building & Courts
• Capacity :8 Officers – 5 Support Staffs
Civil Division
Advisory 1 Advisory 2 DRU
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
Introduction to the Debt Recovery Unit
Function
• Debt Recovery (core)
• Representing the Attorney General in matters and proceedings under the Legal Profession Act (Cap 132), the Laws of Brunei Darussalam
• Advisory
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
What is debt?
• Debt is money owed by one party to another;
• Government Debt: incurs when Government facilities/ services is provided and there is monthly payment to be made for that facilities however payment is not made/defaulted/ settled;
• For example : car loan facilities, housing loan facilities, medical services, rent, etc
• Any revenue owed to the Government; incase where overpaid allowance/ salary, collection of tax/ duty
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
Limitation Under section 3 Limitation Act
CAP 14, the Laws of Brunei Darussalam Application to the Government
3. (1) Except as otherwise expressly provided in this Act, and without prejudice to section 49 of this Act, this Act shall not apply to proceedings by or against the Government.
(2) For the removal of doubt, it is declared that this Act shall not apply to — (a) any proceedings by the Government for the recovery of any tax or duty or interest on any tax or duty;
(b) any forfeiture proceedings under any written law relating to customs or excise; or
(c) any proceedings in respect of the forfeiture of a ship.
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
DRU’s List of ClientsCLIENTS CASES
Municipal Boards Municipal Rates, Building/Stall Rents
Ministry of Finance (MOF) (Treasury) Recovery Matters; Car/House Loan/ Overpaid Salary, Bonus, Allowance, Accidents with Government Vehicle
Telecom (MOF) Telecom Bills
Public Work Department (PWD) Damage / Lost of Government Property
Hospital (Ministry of Health) Ward Bills
Radio Television Brunei (RTB) Advertisement I Rental of Building
Ministry of Education Scholarship Claims
MISCELLANOUS (MISC.)
Department Electrical Services Electricity Bills
Ministry of Welfare Youth & Sport Rental of Building
Ministry of Industry & Primary Resource Rental of Building, Loan schemes
Economic Planning and Development Finance Scheme
Others Miscellaneous Cases, e.g. Recovery of Balance of Advances.
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
DRU’s Process
Instructing Departments writes to DRUSupporting Documents includes: Offer and Agreement letters that are signed Invoices Copies of their letter of demands (LODs) Up to date IC
CLIENTS DRU
DEBTORS
DEBTORS
Send Letter of Demand (LOD) –30 days to pay; After expiry of 30 days, DRU will inquire from Clients for update of payments.No payment: Our last and final LOD – 14 days to pay;failure will result to court proceedings
Non-payment
Full paymentPayment by instalments
Court Proceedings
Client’s Letters of Demand -Non payments
Offers of payments byInstalments;Maybe decided by the ClientsBased on our advice
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
“Going to court should be a last resort…….”
Justice Minister Lord Faulk
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
Brunei’s Court
BANDAR SERI BEGAWAN TUTONG
KUALA BELAITTEMBURONG
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
Court Process: Which court to initiate civil proceedings?
Subordinate Court
Intermediate Court
High Court
Court of Appeal
Privy Council
Claim up to BND $50,000.00
Claim that does not exceed BND $300,000.00
Unlimited jurisdictionThe Supreme Court comprises of:a) High Courtb) Court of Appeal
The Subordinate Court comprises of:a) Magistrates’ Courts, b) the Juvenile Courts, c) Small Claims Tribunal.
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
The Debt Recovery Process
1 2
3
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
The Court Process MAGISTRATE COURTS FLOWCHART
Issue of Summons by Court
Service of Summons by Court
Attendance Court on date of Summons
Summary hearing
Judgement
Execution of Judgement
Summons cannot be
served
Order for Substituted Service
Substituted Service
Defendant fails to attend
Notice for Judgement in Default
Order for Judgement in Default
Defendant attend
Judgment Debtor Summons
Letter of Demand
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
JUDGMENT DEBTOR SUMMONS (JDS)STAGE
Examination of means;
Warrant of arrest;
Warrant of committal;
Bankruptcy Proceedings (individual);
Wind up/ in Liquidation (company);
Writ of Seizure & Sale;
Stop list;
Garnishee proceeding;
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
BAD DEBTS
a debt that cannot be recovered;
Provision rule 306 Financial Regulation
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
Bad Debts
AGC advice:
Debtor cannot be found;
Foreigner no longer in Brunei Darussalam;
Long outstanding cases ( no documentary evidence, witness);
Debtors who has passed away and no letter of administration has been taken out
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
SURCHARGE
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
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Public Officers’ Law Seminar: Understanding the Law 11th November 2017
Way Forward
Always exhaust all means of recovering debt;
Don’t wait for 2-3 months / years to collect outstanding amount;
Supporting documents;
Signed agreements/ contracts/ undertaking;
Good Practice having “a guarantor” in considering installment payment agreement (big amount);
Latest identification card copy/ passport/ guarantor;
Current address, phone numbers;
Ketua Kampong’s pengesahan;
Break down of claim amount;
Copy of death certificate for letter of Administration inquiry at the Probate Office
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Public Officers’ Law Seminar :Understanding the Law
11th November 2017
www.agc.gov.bn
QUESTION AND ANSWER SESSION