JUDGMENTS
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
Civil Appeal No. 14 of 2010
[Limitation – Limitation Act Cap14, Section 27 (1) (a) – meaning of “in the possession of the trustee” – does not include property formerly in possession. ]
Jerambak Holdings Pty Ltd (formerly known as Glencoe Pty Ltd) (Company No. A.C.N 009 615 105), Halaqah Sdn Bhd v Pehin Datu Kesuma Diraja Col (R), Haji Abdul Rahman Bin Mustapha, Dato Paduka Dr. Haji Morni Bin Othman
COACV/14/2010
Decision date: 6 Dec 2010
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
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
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
High Court 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
High Court 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
Criminal Motion No. 15 of 2024
[Criminal law – Possession and distribution of obscene photographs – Use of criminal force with intent to outrage modesty – Victim aged 15 – Sentence. ]
Decision date: 10 Nov 2025
Civil Suit No 39 of 2021
[Application for leave to appeal interlocutory order for amendment of pleadings – principles to be applied – whether limitation period applies to the claim made – whether cause of action shown.]
Decision date: 8 Nov 2025
Civil Suit No. 24 of 2023
[Appeal from decision under Order 14A – application of non-binding term – whether evidence of implied contract overriding it – locus standi of directors acting for company.]
Decision date: 8 Nov 2025
Civil Appeal No. 1 of 2025
- [Civil. Law Society’s appeal from decision of Acting Chief Justice admitting R. as an Advocate and Solicitor in Brunei Darussalam dismissed. R a person who is neither a citizen of nor a permanent resident in Brunei Darussalam. No order for costs.
- Meaning of “qualified person” within ss.3 and following of the Legal Profession Act, CAP 132 (“the LPA”), together with the requirement of being in “active practice” in the UK “for at least 7 years immediately preceding” the application.
- Consideration of requirement of “good character” in ss. 4(b) and 5 of the LPA and duty of candour on applicant.
- Role of Law Society: gravity of an allegation calling into question a professional’s good character or alleging a want of candour.
- In the generality of cases, the correct approach in Brunei Darussalam is to welcome those who have the expertise and experience to contribute to the practice of law in Brunei Darussalam and the development of this jurisdiction, subject, always, to insistence on the requisite standards, namely: that applicant is a qualified person and of good
character. Touchstone throughout is the public interest. Task is to balance benefits to the public interest of Brunei Darussalam in admitting such foreign practitioners while maintaining requisite standards. - Inherent jurisdiction: Order framed to deal with applicant’s withdrawal of Petition and stated intention of not returning to Brunei Darussalam]
COACV/1/2025
Decision date: 1 Nov 2025
Civil Appeal No. 18 of 2024
[Civil Procedure: Appeal dismissed. Following automatic discontinuance of action, pursuant to O. 21, r. 2 (6), Appellant’s application for leave for reinstatement, pursuant to O. 21, r. 2 (10) refused by Registrar; appeal dismissed by Judge. Three-limb test for reinstatement applied: test stipulated in Singapore in Moguntia-Est, adopted in Brunei
Darussalam and explained in Maxwell, approved by Court of Appeal in Hafiz]
Decision date: 28 Oct 2025
Civil Suit No. 117 of 2019
[Claim for loss in investment funds – whether made following misrepresentation – whether representations relied on by Plaintiff – question of liability of person making investments – validity of acknowledgement of debt – whether claim time barred ]
Decision date: 27 Oct 2025
Civil Appeal No. 19 of 2024
Originating Summons No. 30 Of 2025
[Civil Procedure – Transfer of proceedings – Magistrate’s Court to Intermediate Court – Section 25(3)(g) Subordinate Courts Act – Absence of Rules of Court – Supervisory jurisdiction – Inherent powers – Whether High Court may order transfer – Counterclaim exceeding jurisdictional limit – Distinct causes of action – Application dismissed. ]
Decision date: 22 Oct 2025
Civil Suit No. 5 of 2025
[Application for leave to appeal – debtor the subject of a receiving order wishing to review taxation of costs – whether leave of Official Receiver required – whether certificate of costs final upon being admitted as a debt – jurisdiction of court]
Decision date: 21 Oct 2025
Civil Suit No. 30 Of 2023
[Civil Procedure — Interlocutory applications — Payment into court — Whether defect in summons fatal or curable under O.2 r.1 and O.86 r.4 — Scope of O.29 r.2(3) — Application at post-judgment stage — Outstanding costs and pending appeal — Whether sufficient to constitute “dispute over a specific fund” — Jurisdiction. ]
Decision date: 9 Oct 2025
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