JUDGMENTS

Criminal Appeal No. 30 of 2014

[Sentence – Possession of Class A drugs for purpose of trafficking – S.3A CAP27 – Sentence of 10 years and 8 strokes upheld for 30.2188 grams of Methylamphetamine]

CHRISMAN BIN YAYAH v PUBLIC PROSECUTOR

COACM/30/2014

Decision date: 7 May 2015
Criminal Appeal No. 20 of 2014

[Possession of Class A drugs for the purpose of trafficking contrary to s.3(A) CAP 27 – S.16 presumptions considered – S.114(g) Evidence Act considered – Appeals against conviction and sentence dismissed]

NOORUL SYAKIRIN BIN NORHASLAN ZACKY v PUBLIC PROSECUTOR

COACM/20/2014

Decision date: 27 Nov 2014
Civil Appeal No. 9 of 2014

[Civil Law – A person adversely affected by a decision made by a public officer sued him for tort: Articles 84B (2) and 84C considered]

YONG TECK SANG, HAJAH NORAINAH BINTI HAJI KAHAR, TENGKU PUTRA AMIR FAROUK AL HAJ, PG HJH MARIAM BINTI AL-MARHUM, DPB MUDA HJ HASHIM v PG HJ ABD RAHMAN BIN PSI PH ISMAIL

COACV/9/2014

Decision date: 24 Nov 2014
Civil Appeal No. 7 of 2014

[whether a letter written by a private person to a diplomatic mission may be adduced in evidence – Vienna Convention on Diplomatic Relations 1961 considered]

INDIAN CHAMBER OF COMMERCE, BRUNEI DARUSSALAM & OTHERS v RAMESH JIWATRAM BHAWNANI, ABDUL HAMID BIN ABAS

COACV/7/2014

Decision date: 24 Nov 2014
Civil Appeal No. 3 of 2014

[Agreement between parties after suggestion by trial judge – Agreement in accordance with suggestion nevertheless agreement – Inviting judge to resolve some questions – Subsequent agreement embodied in order]

RUDY RIJCKAERT v SMTC GLOBAL INC, HJ IBRAHIM AHMAD BIN DARVESH MOHD DEEN, AZNIZAN BIN HUSSEIN

COACV/3/2014

Decision date: 28 May 2014
Civil Appeal No. 3 of 2014

[Agreement between parties after suggestion by trial judge – Agreement in accordance with suggestion nevertheless agreement – Inviting judge to resolve some questions – Subsequent agreement embodied in order]

RUDY RIJCKAERT v SMTC GLOBAL INC, HJ IBRAHIM AHMAD BIN DARVESH MOHD DEEN, AZNIZAN BIN HUSSEIN

COACV/3/2014

Decision date: 28 May 2014
Civil Appeal No. 10 of 2013

[Patent continued under s115(4) of Patents Order (Brunei) – term of patent – interpretation of s115(4)(a) – effect of Supplementary Protection Certificate]

WINTHROP PHARMACEUTICALS (MALAYSIA) SDN BHD v SHIONOGI SEIYAKU KABUSHIKI KAISHA

COACV/10/2013

Decision date: 21 May 2014
Civil Appeal No. 11 of 2013

[Application under O18 r18 – whether statement of claim discloses reasonable cause of action – effect of “pay when pay” term – implied term – fundamental term implied in all contracts – qualification of “pay when pay” term]

AUTO ENGINEERING SDN BHD v SWEE SDN BHD

COACV/11/2013

Decision date: 21 May 2014
Criminal Appeal No. 7 of 2014

[Forged credit card offences – International organized crime – Serious prevalent cross border offences requiring deterrent sentences – 9 years after plea upheld for man in controlling role on 3rd expedition within a month – Sentence at top of proper range]

FOO SOO HOON v PUBLIC PROSECUTOR

COACM/7/2014

Decision date: 21 May 2014
Civil Appeal No. 12 of 2013

[Order made for property settlement under Matrimonial Causes Act – judge referred to and applied correct principles – complaint by appellant about the manner of application – judge doing his best on inadequate evidence, the inadequacy contributed to by the appellant]

TAN SUI SENG v TAN SIEW KING

COACV/12/2013

Decision date: 19 May 2014
Civil Appeal No. 4 of 2012

[Building contract-breach by delay-interpretation of standard terms-liquidated or general damages- inconsistency of terms-performance in one of two alternative ways-contract in writing or partly oral- term of written document excluding oral term]

CHANG CHAN TECK v WLW DEVELOPER & TRADING CO SDN BHD

COACV/4/2012

Decision date: 22 Nov 2012
Civil Appeal No. 6 of 2012

[Contract – illegal contract – Section 13, Probate and Administration Act, Cap 11 – disposing of contractual rights vested in intestate estate of deceased without grant of letters of administration prohibited – contract unenforceable]

HJH AINAH BTE HJ MD SALLEH v LISA DEVELOPMENT

COACV/6/2012

Decision date: 14 Nov 2012

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