JUDGMENTS
Civil Suit No. 18 of 2019
[Civil Law – Negligence – earthworks and construction of retaining wall – obstruction of natural flow of water/existing earth drainage – adverse effect on neighboring lands – damages to land and other properties – Nuisance – claim for loss and damages – damages to properties and household items – constructions of concrete drain to repair existing earth drain –
repair works to landscape, plants and fish pond. ]
Date of Judgment: 2 Nov 2023
Civil Suit No. 55 of 2019
[Civil Law:
Claim – Wrongful termination – Allegation of dishonesty and mishandling of quotations – claim for loss
of income – loss of future earnings – damages for loss of reputation – damages for emotional
stress.
Counterclaim – Breach of implied terms of employment – claim for damages. ]
Date of Judgment: 24 Oct 2023
Criminal Appeal No. 16 of 2023
[Criminal Law – Appeal – Magistrate Decision to refuse bail – Offence under Section 3(1)(b) Criminal Asset Recovery Order (CARO) – Conspiracy under section 109 of the Penal Code – gravity of offences – foreign national – full and steady employment in Brunei – not a flight risk – appeal allowed – bail granted]
Decision date: 19 Oct 2023
Civil Suit No. 30 of 2018
[Solicitors’ professional indemnity insurance – whether statements in proposal form voided contract – consideration of what is meant by “may give rise to a claim”]
TAKAFUL BRUNEI AM SDN BHD v EVERSHEDS HEP (a firm) (formerly known as HEP LAW OFFICE), STANDARD INSURANCE LIMITED (Third Party)
HCCS/30/2018
Decision date: 18 Oct 2023
Criminal Trial No. 13 of 2023
[Criminal Law – Bail Application – Offence under Section 302 of the Penal Code, Cap 22 – punishable with death – Remanded since 31st July 2021 – Awaiting Department of Scientific Services analyst’s report – gravity of offences – strength of prosecution’s case – propensity of violence based on previous conviction – risk of absconding – public interest – application dismissed]
Public Prosecutor v Mohamed Abdul Malik Fazil bin Mohamed
HCCT/13/2023
Decision date: 12 Oct 2023
Civil Suit No. 42 of 2022
[Striking out – whether defendants have immunity from legal proceedings – whether enforceable contract between parties – illegality of contract]
IR. Dato Paduka Malai Ali Bin Malai Hj Othman (trading under the name and style of Perkhidmatan Perundingan dan Pengurusan Ilmu Alim) v Brunei Darussalam Central Bank (Previously known as Autoriti Monetari Brunei Darussalam), Yusof Bin Haji Abdul Rahman [sued in his capacity as the then Managing Director of the 1st Defendant, Dayang Hajah Rokiah Binti Haji Badar [sued in her capacity as the present Managing Director of the 1st Defendant]
HCCS/42/2022
Decision date: 9 Oct 2023
Civil Suit No. 61 of 2021
[Striking out of writ and statement of claim – principles to be followed – whether pleading shows a reasonable cause of action]
Decklite Access (B) Sdn Bhd, Decklite Australis Pty Ltd v Brunei LNG Sdn Bhd
HCCS/61/2021
Decision date: 5 Oct 2023
Civil Suit No. 87 of 2021
[Appeal from order recusing lawyers from acting – test to be applied – relevance of possible evidence to matters in issue]
Pengiran Hajah Sharinah Binti Pg Dato Sharifuddin Pg Datin Shazainah Binti Pg Dato Sharifuddin [Suing as the Joint Administratrixes of the estate of Pg Dato Hj Sharifuddin Pg Metali, deceased) v Fleet Resources Development Sdn Bhd
HCCS/87/2021
Decision date: 3 Oct 2023
Criminal Appeal No. 14 of 2023
[Criminal law – Possession of arms without a licence – Sentence]
Decision date: 2 Oct 2023
Criminal Appeal No. 13 of 2023
[Criminal law – Drug consumption – Second offender – Minimum sentence]
Decision date: 25 Sep 2023
Criminal Trial No. 8 OF 2022
[Bail – Reapplication – No Fresh Circumstances – Application Dismissed]
Decision date: 16 Sep 2023
Criminal Motion No. 19 of 2023
[Criminal Law – Misuse of Drugs Act, Cap 27 – 2 counts under section 6(b) and 1 count under section 7 – previous conviction – sentence – application dismissed]
Muhammad Shafiq bin Abdullah v Public Prosecutor
CM/19/2023
Decision date: 14 Sep 2023
Criminal Motion No. 13 of 2023
[Criminal law – Theft of motor vehicles – Multiple offences – Previous convictions – Sentence]
Md Yasmin Bin Md Yussof v Public Prosecutor
CM/13/2023
Decision date: 12 Sep 2023
Criminal Trial No. 38 of 2022
[Criminal law – Section 451 of the Penal Code Cap 22 read with section 34 of the same-did commit house-breaking- section 380 of the Penal Code- did commit theft- section 451 of the Penal Code-did commit house-trespass-guilty plea]
Decision date: 7 Sep 2023
Commercial Civil Suit No. 14 of 2022
[Civil Law – Striking out of Writ and Statement of Claim – Order 18 of the Rules of Supreme Court –
Application to amend Writ & Statement of Claim – Order 20 Rule 5 of Rules of the Supreme Court – Rectification of instruments – sections 30 to 33 of the Specific Relief Act, Cap 109- issue of no jurisdiction – declaratory decrees.]
Date of Judgment: 5 Sep 2023
Criminal Appeal No. 13 of 2022
[Criminal Law – Section 420 and read with Section 109 of the Penal Code – 2 charges – plead not guilty – convicted – sentenced to 2 years 6 months for each charge – concurrent – appeal – conviction and sentence – will not disturb finding of facts – dismissed both appeal against conviction and sentence]
Decision date: 26 Aug 2023
Criminal Appeal No. 15 of 2023
[Criminal Law – In furtherance of common intention to commit theft under Section 379 read with Section 34 of the Penal Code – pleaded not guilty – convicted – sentenced to fine of $2500 in default of 2 months imprisonment – appeal to pay fine by instalment – seriousness of offence and need to deter supersede family hardship – appeal dismissed]
Decision date: 24 Aug 2023
Criminal Trial No. 13 of 2022
[Criminal Law – Rape – Two Charges Under section 376(2)(b) – a girl age 11 years old – pleaded guilty – Sentence – Consecutive sentences – 30 years 4 months and 20 strokes of whipping]
Public Prosecutor v Amirrul Haffizul Firdaus Bin Amir Umizan [Also known as Muhammad Firdaus Bin Amir Umizan]
HCCT/13/2022
Decision date: 12 Aug 2023
Criminal Trial No. 2 of 2020
[Criminal Law – Section 471 read with section 468 of the Penal Code, Chapter 22- dishonestly use as genuine certain documents- knew or had reason believed to be forged documents- section 420 of the Penal Code, Chapter 22-cheating-deception-dishonestly- Public Works Department – Store Unit-printer toner cartridges]
Decision date: 7 Aug 2023
Criminal Appeal No. 1 of 2023
[Criminal Law – possession of cigarettes and alcoholic drink-sentenced-appeal against fine and to pay fine by instalments dismissed-grace period extended]
Decision date: 29 Jul 2023
Criminal Motion No. 12 of 2023
[Criminal law – Consuming methylamphetamine – Subsequent offender – Sentence]
Mohamad Sulkanain Bin Suleiman v Public Prosecutor
CM/12/2023
Decision date: 25 Jul 2023
Criminal Appeal No. 4 of 2023
[Criminal law – Cheating – Money laundering – Sentence]
Decision date: 8 Jul 2023
Criminal Motion No. 22 of 2023
Criminal Motion No. 27 of 2022
[Criminal law – Housebreaking – Sentence ]
Decision date: 10 June 2023
Criminal Appeal No. 15 of 2020
[Criminal law – Armed gang robbery – Sentence ]
Decision date: 10 June 2023
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