- Default judgment regularly obtained – Allowing appeal from Registrar, Judge set default judgment aside; O. 13, r.8
- Test in law in Brunei for setting aside default judgment regularly obtained – without fettering Judge’s wide discretion and save very exceptionally, a default judgment regularly obtained will not be set aside unless the
defendant demonstrates a defence with a ‘real prospect of success’ – there is no point otherwise in setting aside the default judgment
- Test derived from application of English and Brunei authorities – Application of Laws Act (Cap. 2) considered
- Judge mis-stated test but any error of law on the part of the Judge was neither material nor, still less, crucial
- Judge erred in fact in determining that: there was a triable issue; Appellant bore burden of proving existence of Sub-Contract between parties; Appellant was required to do so at trial. The Appellant having adduced the Sub-Contract in evidence, and the Judge having rejected the allegation of forgery, there was nothing to impugn its existence.
- Court of Appeal entitled to intervene
- Appeal allowed – default judgment restored]
Decision date: 14 Jul 2025
