Background:
Thi Phuong Bui contracted Pacific Gate Development Group Ltd. and its director, Tom Trungh Thang Nguyen, to construct a residence. Disputes over construction delays and modifications led to a termination agreement in 2017, where Bui signed a release in exchange for $250,000. Bui later sued for breach of the construction contract, while the appellants relied on the release as a defense. The trial judge dismissed most of Bui’s claims but awarded her $100,000, finding the appellants failed to pay that portion of the release amount.

Legal Issues:

1. Scope of Pleadings: The appellants argued the trial judge erred in awarding damages for breach of the release when Bui had not explicitly pleaded it.
2. Adverse Inference: The judge drew an adverse inference against the appellants for failing to produce a $100,000 bank draft, concluding it did not exist.

Court’s Decision:
The Court of Appeal dismissed the appeal, ruling the issue of payment under the release was within the pleadings. It also found no palpable or overriding error in the adverse inference drawn.

Award:
Thi Phuong Bui was awarded $100,000 for breach of the release. The remainder of her claims were dismissed.