JUDGMENTS
Criminal Appeal No. 18 of 2014
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MOHAMMAD SHAHRIN BIN AWANG ZAINI v PUBLIC PROSECUTOR
COACM/18/2014
Decision date: 10 Nov 2014
Criminal Appeal No. 28 of 2014
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MUHAMMAD ZULAZLAMIE BIN ZOEALALIFFIN v PUBLIC PROSECUTOR
COACM/28/2014
Decision date: 4 Nov 2014
Civil Appeal No. 2 of 2014
[Appeal against the grant of a certificate for 2 counsel allowed. Certificate quashed.]
CHONG MING LOO, KUAN CHEE MING v NATIONAL INSURANCE COMPANY BERHAD
COACV/2/2014
Decision date: 29 May 2014
Criminal Appeal No. 15 of 2013
[Appeal against acquittal – Conflict between evidence of prosecution witnesses and of defendant – Advantage of trial judge in seeing and hearing witnesses]
PUBLIC PROSECUTOR v ZAINI BIN HAJI DAGANG
COACM/15/2014
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. 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
Criminal Appeal No. 8 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]
CHUA IN ZING v PUBLIC PROSECUTOR
COACM/8/2014
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
Criminal Appeal No. 9 of 2014
[Sentence-Housebreaking (s.457 and s.427) –consideration of the discount for a plea of guilty in the context of the application of the totality principle]
WAHID BIN MAZID v PUBLIC PROSECUTOR
COACM/9/2014
Decision date: 20 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
Civil Appeal No. 14 of 2011
Civil Appeal No. 9 of 2011
Civil Appeal No. 7 of 2011
[Judgment for specific performance of transfer of land by legal owners to purchasers from contractor who became entitled to that land from owners upon fulfilment of certain conditions –failure of conditions- doubt as to fault, as between contractor and owner, for failure – questions of fact and construction – whether specific performance was rightly ordered – appropriate directions for trial]
Zaliah binti Kurus, Puasa binti Haji Kasim v Hj Ahmad Bujang Bin Abdullah, Hadiah Binti Hj Abd Rahim
COACV/7/2011
Decision date: 8 Dec 2011
Civil Appeal No. 12 of 2011
[Order 14 proceedings taken by bank against company debtor and the guarantor. Summary judgment in the bank’s favour granted by the judge. On appeal by the debtor and the guarantor Certificate of indebtedness held to be conclusive of the amount owed. Submission that leave to defend should be given because the guarantor alleges he signed a settlement agreement because of undue influence rejected as the suggestion of undue influence was held to be unmeritorious and a sham. Appeal dismissed with indemnity costs]
Garnet Sdn Bhd, Lester Lee Kok Wah v Baiduri Bank Berhad
COACV/12/2011
Decision date: 8 Dec 2011
Civil Appeal No. 18 of 2011
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Decision date: 7 Dec 2011
Civil Appeal No. 11 of 2011
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Pg Datin Hjh Masnonah Bte Pg Hj Damit v Dk Seri Norkertika Bte Pg Dato SLJ Hj Hasnan, Ak Kamarul Hansan Bin Pg Dato SLJ Hj Hasnan, Dk Shalinawati Bte Pg Dato SLJ Hj Hasnan
COACV/11/2011
Decision date: 5 Dec 2011
Civil Appeal No. 20 of 2011
Civil Appeal No. 13 of 2011
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Decision date: 5 Dec 2011
Civil Appeal No. 17 of 2011
[Action in tort arising from actions of defendants in participating in decision to recommend dismissal of plaintiff from Royal Brunei Armed Forces – constitutional questions – decision of His Majesty the Sultan to dismiss the plaintiff – neither the decision nor its correctness capable of being questioned – decision made in exercise of arbitrary discretion – action bound to fail Costs – Attorney-General’s right to costs]
Decision date: 29 Nov 2011
Civil Appeal No. 8 of 2011
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STANDARD CHARTERED FINANCE (BRUNEI) BERHAD v MASA'IN BINTI AWANG HAJI TUAH, NORMILLA SDN BHDLOH NYUK CHOI
COACV/8/2011
Decision date: 19 Nov 2011
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