JUDGMENTS
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.]
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. ]
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. ]
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]
Decision date: 20 May 2010
Criminal Appeal No. 5 of 2010
[Appeal allowed against total sentence of 20 years imprisonment and 12 strokes for 1 aggravated rape under section 376(2) of the Penal code and 3 rapes under section 376(1). Reduced to total sentence of 14 years and 12 strokes]
Decision date: 17 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. ]
Decision date: 12 Nov 2009
Civil Appeal No. 13 of 2008
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Decision date: 12 Nov 2009
Criminal Appeal No. 18 of 2007
[Isolated offence of robbery under sections 390 and 392 of the Penal Code. Sentence of 6 years and 12 strokes imposed after plea held to be manifestly excessive. Starting point of 6 years reduced to 3 years and 6 months imprisonment for the plea and other mitigating factors substituted. Proper approach on sentence to previous convictions discussed]
Decision date: 2 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. ]
Decision date: 3 June 2009
Civil Appeal No. 27 of 2008
[Damages for future loss of earnings – method of assessment. ]
Decision date: 3 June 2009
Civil Appeal No. 2 of 2009
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Decision date: 3 Jun 2009
Civil Appeal No. 4 of 2009
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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. ]
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.]
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.]
Decision date: 23 May 2009
Civil Appeal No. 19 of 2008
[Appeal against costs order allowed. Application of 0.22A – Payment into court.]
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.]
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.]
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. ]
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.]
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. ]
Decision date: 7 May 2009
Civil Appeal No. 12 of 2008
[Judgment in default. Failure by Registrar to resolve contested issue of fact regarding service of writ. Judgment set aside.]
Decision date: 30 Nov 2008
Civil Appeal No. 14 of 2007
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.]
Decision date: 27 Nov 2008
Civil Appeal No. 14 of 2007
[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.]
Decision date: 25 Nov 2008
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