JUDGMENTS
Civil Appeal No. 13 of 2009
[Order 22A rule 9. The defendants made offers to a number of plaintiff’s under order 22A. Some plaintiff’s accepted the offers about 8 months later when the hearing to assess damages was nearly complete. The defendants claimed that under the rule they were entitled to their costs against those plaintiff’s on an indemnity basis. Held: the necessary conditions were not present and the rule did not apply as 1) these plaintiff’s had accepted offers and 2) there was no judgment equal to or less favourable than the offer. Appeal dismissed. ]
Mohd Fahkri bin Ishak & Anor v Metussin bin Hj Hashim & 4 Others
COACV/13/2009
Decision date: 29 May 2010
Civil Appeal No. 11 of 2009
[Arbitration. Insurance policy containing standard arbitration clause. Originating summons issued by insured directed to obtaining payment under the policy. Defendant filing affidavits in response directed to demonstrating that the insured’s claim was unsustainable. Insurance company taking step in the action. No jurisdiction to stay proceedings in favour of arbitration.]
Foundation Contractor & Engineering Sdn Bhd v Cosmic Insurance Sdn Bhd
COACV/11/2009
Decision date: 27 May 2010
Civil Appeal No. 12 of 2009
[Land Law. Tenancy agreement – landlord in breach of covenants of quiet enjoyment and non – derogation from grant by dumping rubbish. Tenant entitled to deduct cost of removing rubbish as set-off or counterclaim when paying rent. Landlord not entitled to terminate tenancy because the tenant had erected a fence. ]
Pantai Mentiri Golf Club v Borneo Landscaping & Grassing (B) Sdn Bhd
COACV/12/2009
Decision date: 27 May 2010
Civil Appeal No. 9 of 2009
[Land purchased in the name of son, the appellant, with a receipt executed by the appellant showing half interest in the land was held on behalf of the respondent. The appellant was thus bound by the trust. Application to admit further evidence refused because it could have been obtained before and was only confirmatory of matter already in evidence. Appeal on a question of fact not allowed. Trust to hold land on behalf of a non-citizen is not illegal. ]
Hj Roney bin Hj Roslee @ Roni bin Hj Rosli v Kheng Ah Beng
COACV/9/2009
Decision date: 20 May 2010
Civil Appeal No. 3 of 2010
[Pleading – non-admission by defendant to allegation of fact within defendant’s knowledge – inappropriateness – arguably evasive
Particulars sought where interrogatories more appropriate – importance of risk of increasing cost and delay by requiring further interlocutory step]
Lim Lee Chin, Syarikat Perniagaan Malar Setia (sued as a firm) v Emily Ong Chiew Shih, Livingson Ong John Heng
COACV/3/2010
Decision date: 20 May 2010
Civil Appeal No. 5 of 2009
[Allegation of guarantee executed in consequence of undue influence. Consideration of the application of Section 16(2) and (3) of the Contracts Act. Consideration of the application of general equitable principles. ]
Datin Hjh Edah Bte Hj Mohamed Noor v Baiduri Bank Berhad
COACV/5/2009
Decision date: 12 Nov 2009
Civil Appeal No. 28 of 2008
[Prohibitory order discharged. The court’s substantive power to order the seizure of land is to be found in Sections 17 to 20 of the Debtors Act Cap.195. A judgment debtor seeking a prohibitory order proceeding under O.47 r.6 of the RSC must satisfy these provisions of the Debtors Act. ]
Lee Fat Khong, Lee Fatt Shoon v Baiduri Bank Berhad
COACV/28/2008
Decision date: 3 June 2009
Civil Appeal No. 27 of 2008
[Damages for future loss of earnings – method of assessment. ]
Bijun Kalur v Pahaytc Sdn Bhd
COACV/27/2008
Decision date: 3 June 2009
Civil Appeal No. 4 of 2009 and Civil Appeal No. 2 of 2009
Awangku Muhammad Murshyid Bin Pg Hj Ali, Pg Ali Bin Pg Maon v Makrami Bin Haji Md Noor
COACV/4/2009 and COACV/2/2009
Decision date: 3 June 2009
Civil Appeal No. 17 of 2008
[Contracts of employment in Brunei Darussalam have an implied term of mutual trust and confidence. In dismissing the plaintiff after 20 years service for poor performance his employer, the bank, was in breach. The bank held liable for wrongful dismissal. ]
Loh Nyuk Choi v Standard Chartered Finance (Brunei) Berhad
COACV/17/2008
Decision date: 2 June 2009
Civil Appeal No. 21 of 2008
[Enforceability of an agreement recorded by court but not part of any order – Does res judicata apply to an issue which arises after commencement of an action which was not then pursued in the action.]
Hytec Engineering Co. Sdn Bhd, Ak Saifuzzaman Pg Hj Md Yassin, Tan Biew Peng, Lim Beng Kwang v Baiduri Bank Berhad
COACV/21/2008
Decision date: 23 May 2009
Civil Appeal No. 20 of 2008
[Enforceability of an agreement recorded by court but not part of any order – Does res judicata apply to an issue which arises after commencement of an action which was not then pursued in the action.]
Liaw Watt Lee, Tan Biew Peng v Baiduri Bank Berhad
COACV/20/2008
Decision date: 23 May 2009
Civil Appeal No. 19 of 2008
[Appeal against costs order allowed. Application of 0.22A – Payment into court.]
Koperasi Kampung Keriam Dengan Tanggungan Berhad, Insol Anak Gaing v Taty Tjhai (suing as the administrator of the estate of CHANDRAWATI TJHAIM deceased)
COACV/19/2008
Decision date: 23 May 2009
Civil Appeal No. 18 of 2007
[Appeal dismissed. Further stay of orders made below refusal. Costs of the appeal and below to the respondent.]
Danny Chong Meng Chiang v Encore Sdn Bhd
COACV/18/2007
Decision date: 23 May 2009
Civil Appeal No. 1 of 2009
[A certified copy of the Senior Magistrate’s decision was not annexed to the notice of appeal to the judge. The appeal was not properly constituted but the Judge wrongly refused to hear the appellants’ application for extension of time. Court of Appeal refused appellants’ application for an extension of time as his prospects of success are minimal and dismissed the appeal. ]
Yap Fook Hoo (trading as Yapp Fook Hoo Transport Company & Fook Hoo Builder Sand Filling Contractor) v Lau Yun Company
COACV/1/2009
Decision date: 18 May 2009
Civil Appeal No. 1 of 2009
[18th May, 2009.
A certified copy of the Senior Magistrate’s decision was not annexed to the notice of appeal to the judge. The appeal was not properly constituted but the Judge wrongly refused to hear the appellants’ application for extension of time. Court of Appeal refused appellants’ application for an extension of time as his prospects of success are minimal and dismissed the appeal.]
Yap Fook Hoo (trading as Yapp Fook Hoo Transport Company & Fook Hoo Builder Sand Filling Contractor) v Lau Yun Company
COACV/1/2009
Decision date: 18 May 2009
Civil Appeal No. 16 of 2008
[Contract – as agent or principal – ratification of contract made without authority.
Commission – meaning of in contract. ]
Altco Jaya Sdn Bhd v Lee Cheng Fong
COACV/16/2008
Decision date: 16 May 2009
Civil Appeal No. 15 of 2008
[Equity – assignment of future income made for consideration – income payable under future contracts – effect of bankruptcy of assignor.]
Baiduri Bank Berhad v The Official Receiver (the Trustee for the Property of Kumariah Bte Hj Sirat, a Bankrupt)
COACV/15/2008
Decision date: 16 May 2009
Civil Appeal No. 22 of 2009
[Judge’s interlocutory decision in plaintiffs’ favour on liability only. Leave to appeal necessary but leave not applied for at the appropriate time. Leave to appeal and leave to apply out or time granted on the appellants’ undertaking to pay the costs of any further appeal in the action. Appeal against liability and contributory negligence dismissed with costs. ]
Faridah Binti Hj Abd Hamid, Rozini Bin Hamdan v Azman Bin Amran, Nadirahtul Elmi Binti Amran (through her father and next friend), Amran Bin Hj Aji, Sidup Bin Burut
COACV/22/2009
Decision date: 7 May 2009
Civil Appeal No. 14 of 2007(order)
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Dyg Julia Bte Moksin, Awang Zaini Bin Hj Abdul Rahman v Saurabh Bir Gurung (an infant, suing by his father and next friend, GANGA GURUNG)
COACV/14/2007
Decision date: 27 Nov 2008
Civil Appeal No. 9 of 2008
[Leave to appeal – whether judgment final or interlocutory – meaning of final – principles applicable to leave. Summary judgment – principles applicable. Syariah law – relevance to financial facility. Whether summary judgment should be granted for money sum. Leave to amend the defence in reliance on section 75 of the Contracts Act. Whether summary judgment should be granted for declaration and amount to be assessed.]
Morsima Sdn Bhd, Wong Yep Meng v Perbadanan Tabung Amanah Islam Brunei
COACV/9/2008
Decision date: 27 Nov 2008
Civil Appeal No. 14 of 2007(final)
[Plaintiff aged 9 years a passenger in motor vehicle accident. Severely injured causing serious life long disability. No evidence from which the judge could infer that he was not wearing seat belt. In any event inappropriate to find contributory negligence against child of this age. Future lifetime loss of earnings award not too speculative. Since Wells v Wells in H of L 18 years multiplier not too high. Child now settled in UK from Nepal. Future loss on U K scale appropriate. Tax ought to have been taken into account but judge could not do so in the absence of evidence. Future cost of care from mother not overlapped with general award for future care. Failure to plead particulars under Order 18 r 11 as required but defendant not taken by surprise and not prejudiced. Award of interest on special damages at 3% and on general damages for pain and suffering and loss of amenity at 6% from time of accident to date of judgment affirmed in this jurisdiction. Jefford v Gee considered. Appeal against judge’s
award dismissed.]
Dyg Julia Bte Moksin, Awang Zaini Bin Hj Abdul Rahman v Saurabh Bir Gurung (an infant, suing by his father and next friend, GANGA GURUNG)
COACV/14/2007(final)
Decision date: 25 Nov 2008
Civil Appeal No. 23 of 2008
[Application for leave to appeal to Court of Appeal against order of judge adjournment an appeal from a Registrar. Approach of Court of Appeal to interference with a discretionary order.]
Awangku Muhammad Mursyid Bin Pg Hj Ali, Pg Ali Bin Pg Maon v Makrami Bin Hj Md Noor
COACV/23/2008
Decision date: 24 Nov 2008
Civil Appeal No. 13 of 2008
[Appeal against the Judge’s decision to refuse to make a garnishee order absolute. Not in dispute that the necessary facts for this debt of the judgment debtor to be attached are established. The judge’s approach in making his own decision on the evidence he heard is correct. A garnishee order absolute is discretionary. Judge exercised his discretion but his reasons were flawed. The court of appeal exercised the judge’s discretion anew and ordered the garnishee order to be made absolute. ]
Baiduri Bank Berhad v L & L Engineering Corporation Sdn Bhd
COACV/13/2008
Decision date: 24 Nov 2008
Civil Appeal No. 15 of 2007
[Civil appeal. Fatal accidents claim. The deceased cyclist riding erratically in same direction as the car driven by the defendant. Driver sounded horn to warn cyclist of his approach. Cyclist pulled in towards his nearside. When the driver was passing him he suddenly and without signal or warning rode to his right into the path of the car. The judge’s decision that the accident was entirely the fault of the cyclist upheld on appeal. The decision of the judge purely a question of fact]
Carmelina J. Vasquez (as administrator of Dennis Veluz Landicha) v Mohd Alit Abd Rahman Bin Hj Mohd Jaafar & Anor
COACV/15/2007
Decision date: 22 Nov 2008
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