JUDGMENTS
Civil Suit No. 21 of 2025
Civil Procedure – Joinder of parties — Application for leave to add registered owner of motor vehicle as defendant — Whether conditions for joinder under Order 15 rule 4 satisfied — Whether common question of law or fact exists — Whether rights to relief arise out of same transaction — Amendment of pleadings — Application for leave to amend Writ of Summons and Statement of Claim — Whether amendment bona fide — Whether prejudice caused to opposing party — Whether amendment alters character of suit — Rules of the Supreme Court 1990, Order 15 rule. 4; Order 20 rules 5 & 8 Evidence — Admissions on pleadings — Whether assertion of fact in a pleading constitutes evidence-Admission by Defendant in Defence of registered ownership of vehicle — No evidence adduced to contradict admission — Whether Court entitled to accept assertion as truth of fact at interlocutory stage — Road Traffic — Negligence — Registered owner of
motor vehicle — Statutory liability of owner for negligent driving — Section 86 of the Road Traffic Act (Cap. 68)]
Decision date: 19 May 2026
Civil Suit No. 39 of 2020
[Civil Law – Appeal – Security for Costs — Appeal against Registrar’s refusal — Order 23 Rule 1, Rules of the Supreme Court (Cap. 5) — Plaintiff ordinarily resident out of jurisdiction — whether just to order security — relevant factors — merits of claim — delay in application — oppression and access to justice — absence of affidavit in opposition — whether deemed admission — financial means of Plaintiff — enforceability of foreign judgments — costs in any event]
Decision date: 14 May 2026
Criminal Trial No. 18 of 2025
[Criminal law – Judgment – D1 & D2 – house trespass – common intention – Jointly charge – section 451 of the Penal Code, Cap 22 read with section 34 of the same – plead not guilty – trial]
Decision date: 7 May 2026
Criminal Trial No. 6 of 2026
[Criminal law – Offences against properties – 1 charge under Section 454 of the Penal Code (Cap. 22) – housebreaking with intent to commit theft – 2 charges under section 447 of the Penal Code – criminal trespass – 4 charges under section 379 of the Penal Code – plead guilty to all charges – history of previous convictions – repeat offender – deterrent sentence]
Decision date: 22 Apr 2026
Civil Suit No. 3 of 2024
[Civil Procedure — Order 18 rule 18 — Striking Out — Pleadings — Distinction between material facts and evidence — Alleged failure to maintain vehicle — No specific defect pleaded — Whether claim is plainly unsustainable — Triable issues present]
Decision date: 21 Apr 2026
Criminal Motion No. 1 of 2026
[Criminal Procedure — Leave to appeal out of time — Delay — No satisfactory explanation — Whether appeal has merit — Sentencing — Fine — Extension of time to pay — Financial hardship — No realistic ability to pay — No repayment plan — Whether extension justified held — Application dismissed — Appeal devoid of merit — No practical basis to extend time — Sentence and grace period proper]
Decision date: 13 Apr 2026
Criminal Appeal No. 19 of 2025
[Criminal Law — Sentence — Multiple offences — Unlicensed practice of medicine — Importation of unregistered medicinal products — Totality principle — Consecutive and concurrent sentences — Whether aggregate sentence manifestly excessive — Whether facilitative regulatory offence should run consecutively — Appeal allowed in part — Aggregate sentence reduced]
Decision date: 4 Apr 2026
Originating Motion No. 4 of 2025
[Insolvency — Provable debts — LAD accruing post-liquidation — Cut-off at date of winding-up — Post-liquidation accrual excluded — Application dismissed]
Decision date: 19 Mar 2026
Criminal Trial No. 13 of 2025
[Criminal law – Bail Application – Application dismissed]
Decision date: 28 Jan 2026
Originating Summons No. 44 of 2014
[Civil Procedure — Pleadings — Amendment — Appeal by way of rehearing — Late amendment — No affidavit explaining delay — Introduction of new and potentially dispositive defence — Prejudice — Discretion — When amendment should be refused]
[Contract — Repudiation — Distinction between breach and repudiation — Election — Contract Act (Cap. 106) — Limitation defence — Futility]
[Practice and Procedure — Registrar’s decision — Appeal — Rehearing — Discretion to allow amendment — Ketteman & Ors v Hansel Properties Ltd & Ors applied]
Decision date: 26 Jan 2026
High Court Criminal Motion No. 20 of 2025
[Criminal law – Application for leave to appeal out of time – Bail Application denied by Magistrate – No likelihood appeal to succeed – Application Dismissed]
Decision date: 21 Jan 2026
Civil Appeal No. 14 of 2024
[Civil: Appeal from Judge’s ruling refusing an appeal from Registrar’s ruling that action deemed automatically discontinued, pursuant to O.21, r.2(6) RSC, and refusing reinstatement under O.21, r.2(10) RSC, dismissed]
Decision date: 20 Jan 2026
Criminal Trial No. 35 of 2025
[Sentencing – Section 361 of the Penal Code read with Section 363 of the same – Kidnapping – Section 354 of the Penal Code – Outrage of Modesty – Subsequent Offender – Appropriate Sentence – Aggravating Factors Including Vulnerability of Child Victim and Recidivism – Mitigating Factors Including Early Guilty Plea – Totality Principle – Concurrent and Consecutive Sentences]
Decision date: 23 Dec 2025
Civil Suit/COM No. 109 of 2017
[Civil Procedure – Application for leave to appeal to the court of appeal and extension of time to file appeal – factors to consider when allowing leave to appeal – in this case no prospect of success – application dismissed]
Decision date: 18 Dec 2025
Petition No.19 of 2025
[(i). The Petitioner has not demonstrated the necessity or expediency required under s42 of the Probate and Administration Act; (ii). The undertaking in force provides adequate protection of the disputed assets pending the determination of Originating Summons no.13 of 2023. The Court may direct that it be reinforced by a statutory declaration by the 1st Respondent; (iii). The appointment of an administrator pendente lite would be unnecessary and disproportionate; (iv). The Petition is dismissed; and (v). Costs to the Respondent, to be taxed if not agreed]
Lau Kok Seng v Lau Lan Hwa, Low Kok Liong, Lau Lan Siew
HCCS/19/2025
Decision date: 17 Dec 2025
Criminal Appeal No. 24 of 2025
[Criminal law — Bail — Revocation — Accused charged in separate case while on bail — Breach of bail conditions — Failure to remain contactable — Proper exercise of discretion — Appeal dismissed]
Decision date: 17 Dec 2025
Criminal Appeal No. 21 of 2025
[Criminal Appeal – Extension of time to pay fine – Sentencing discretion – Ability to pay – Unrealistic repayment proposal – No merit in appeal – Appeal dismissed]
Decision date: 13 Dec 2025
Companies Winding Up No. 4 of 2025
[ Winding-up – Stay pending appeal – Leave to appeal – Arbitration agreement – Derment arbitration.]
SUTERA ENERGY SDN BHD (BRUNEI COMPANY NO. RC200001510) v APPSMITHS SUTERA SDN BHD (REG NO. RC20005106), APPSMITHS SDN BHD (MALAYSIA CPMPANY NO. 1204988-X)
BCY ICWP/4/2025
Decision date: 6 Dec 2025
Criminal Trial No. 28 of 2023
[Criminal law – Judgment – 3 charges – publishing seditious posts on Facebook – seditious intent – excite disaffection against His Majesty the Sultan and Yang Di-Pertuan or Government or judicial administrations – offense under section 4(1)(c) of the Sedition Act, Cap 24, read with sections 3(1)(a) and 3(1)(c) of the same – trial]
Decision date: 6 Dec 2025
Criminal Trial No. 17 of 2019
[Criminal law — Sentencing — Voluntarily causing hurt — Use of weapon — Unprovoked attack — Serious injuries — Theft reduced to dishonest misappropriation — Possession of stolen vehicle — First offender — Remorse — Mitigation — Limited weight
Sentencing — Consecutive sentences — Totality principle — Backdating of sentence — Time in remand — Effective sentence fully served
Sentencing — Whipping — Statutory prohibition — Accused sentenced to death — Criminal Procedure Code s.258(b)]
Decision date: 3 Dec 2025
Criminal Appeal No. 22 of 2025
[Criminal Procedure — Application for Leave to Travel Abroad Pending Appeal — Road Traffic Conviction — Change of Circumstances — Risk of Absconding — Appropriate Safeguards — Appeal Hearing Date Fixed — Leave Granted with
Enhanced Bail Conditions]
Decision date: 26 Jan 2026
Criminal Motion No. 30 of 2024
[Criminal law – Sentence – Attempted armed robbery – Theft in a building – Consecutive sentences – Whether aggregate sentence manifestly excessive – Approach to backdating of sentence]
Decision date: 25 Nov 2025
Civil Appeal No. 19 of 2024
[Civil Law. Appeal against Judge’s Order granting Respondent relief, including an Order for sale, in respect of a Memorandum of Charge on each of two separate parcels of land and Units built on land entered into to secure Trade Line Facilities for company, Panahome, dismissed with costs. Action arose from failure of Panahome to repay monies owed from use of those facilities. Appellant’s deposit with Court of BND 1000 as security for appeal released to Respondent in part-payment of costs]
Decision date: 19 Nov 2025
Civil Appeal No. 7 of 2024
[Civil: costs of trial; A. awarded damages against Rs for personal injuries but A. 30% contributorily negligent.; Judge ordered costs to A.; O. 59, r. 3(2), RSC-Court’s power to order that part of the costs should not follow the event. Court ordered discount of 10% from Order of costs to Rs for increased costs of trial of contested contributory negligence.
Order: Rs to pay A. 90% of A’s costs]
Decision date: 19 Nov 2025
Criminal Trial No. 12 of 2025
[Criminal Law – Bail – Murder charge under Section 302 Penal Code (Cap 22) – Death penalty – Application for bail pending investigation – Gravity of offence – strength of case – likelihood of interference with witnesses – balance of probabilities that bail should not be granted – Bail refused – Application dismissed]
Decision date: 15 Nov 2025
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