JUDGMENTS

Criminal Appeal No. 19 of 2025

[Criminal Law — Sentence — Multiple offences — Unlicensed practice of medicine — Importation of unregistered medicinal products — Totality principle — Consecutive and concurrent sentences — Whether aggregate sentence manifestly excessive — Whether facilitative regulatory offence should run consecutively — Appeal allowed in part — Aggregate sentence reduced]

Decision date: 4 Apr 2026
Civil Suit No. 33 of 2020

[Headnote: Distributorship — Exclusive distributorship agreement — Territorial restrictions — Parallel
importation — Whether products designated for sale in Indonesia only — Whether introduction of territorially restricted goods into Brunei market constitutes unlawful conduct — Whether parallel importation defence available where goods diverted in breach of territorial restrictions.
Contract — Privity of contract — Exclusive distributorship agreement — Whether agreement enforceable against third party not privy to contract — Whether defendant bound by obligations under distributorship agreement to which it was not a party.
Tort — Liability for unlawful conduct — Causation — Remoteness of damage — Whether defendant’s conduct caused loss and damage to plaintiff — Hadley v Baxendale (1854) 9 Exch 341 applied.
Damages — Compensatory damages — Quantum — Unaudited sales reports — Internal sales benchmarks — Whether speculative losses recoverable — Whether expenditure on promotional activities and sponsorship properly included in damages claim — Whether court entitled to make reasonable estimate where precise quantification difficult — Unjust enrichment — Claim dismissed. ]

Date of Judgment: 25 Feb 2026

Originating Summons No. 44 of 2014

[Civil Procedure — Pleadings — Amendment — Appeal by way of rehearing — Late amendment — No affidavit explaining delay — Introduction of new and potentially dispositive defence — Prejudice — Discretion — When amendment should be refused]
[Contract — Repudiation — Distinction between breach and repudiation — Election — Contract Act (Cap. 106) — Limitation defence — Futility]
[Practice and Procedure — Registrar’s decision — Appeal — Rehearing — Discretion to allow amendment — Ketteman & Ors v Hansel Properties Ltd & Ors applied]

Decision date: 26 Jan 2026

Civil Suit/COM 54 of 2022

[Banking- Negligence- Breach to safe guard the customer’s credential- Mobile App Transaction – Duty of care to provide secure banking services- Contractual Clause to exclude Liability. ]

Date of Judgment: 19 Jan 2026
Criminal Trial No. 35 of 2025

[Sentencing – Section 361 of the Penal Code read with Section 363 of the same – Kidnapping – Section 354 of the Penal Code – Outrage of Modesty – Subsequent Offender – Appropriate Sentence – Aggravating Factors Including Vulnerability of Child Victim and Recidivism – Mitigating Factors Including Early Guilty Plea – Totality Principle – Concurrent and Consecutive Sentences]

Decision date: 23 Dec 2025

Petition No. 19 of 2025

[(i). The Petitioner has not demonstrated the necessity or expediency required under s42 of the Probate and  Administration  Act; (ii). The undertaking in force provides adequate protection of the disputed assets pending the determination of Originating Summons no.13 of 2023. The Court may direct that it be reinforced by a statutory declaration by the 1st Respondent; (iii). The appointment of an administrator pendente lite would be unnecessary and disproportionate; (iv). The Petition is dismissed; and (v).  Costs to the Respondent, to be taxed if not agreed]

Decision date: 17 Dec 2025
Criminal Trial No. 28 of 2023

[Criminal law – Judgment – 3 charges – publishing seditious posts on Facebook – seditious intent – excite disaffection against His Majesty the Sultan and Yang Di-Pertuan or Government or judicial administrations – offense under section 4(1)(c) of the Sedition Act, Cap 24, read with sections 3(1)(a) and 3(1)(c) of the same – trial]

Decision date: 6 Dec 2025

Criminal Trial No. 17 of 2019

[Criminal law — Sentencing — Voluntarily causing hurt — Use of weapon — Unprovoked attack — Serious injuries — Theft reduced to dishonest misappropriation — Possession of stolen vehicle — First offender — Remorse — Mitigation — Limited weight

Sentencing — Consecutive sentences — Totality principle — Backdating of sentence — Time in remand — Effective sentence fully served

Sentencing — Whipping — Statutory prohibition — Accused sentenced to death — Criminal Procedure Code s.258(b)]

Decision date: 3 Dec 2025

Civil Appeal No. 19 of 2024

[Civil Law. Appeal against Judge’s Order granting Respondent relief, including an Order for sale, in respect of a Memorandum of Charge on each of two separate parcels of land and Units built on land entered into to secure Trade Line Facilities for company, Panahome, dismissed with costs. Action arose from failure of Panahome to repay monies owed from use of those facilities. Appellant’s deposit with Court of BND 1000 as security for appeal released to Respondent in part-payment of costs]

Decision date: 19 Nov 2025

Civil Appeal No. 7 of 2024

[Civil: costs of trial; A. awarded damages against Rs for personal injuries but A. 30% contributorily negligent.; Judge ordered costs to A.; O. 59, r. 3(2), RSC-Court’s power to order that part of the costs should not follow the event. Court ordered discount of 10% from Order of costs to Rs for increased costs of trial of contested contributory negligence.
Order: Rs to pay A. 90% of A’s costs]

Decision date: 19 Nov 2025
Criminal Trial No. 12 of 2025

[Criminal Law – Bail – Murder charge under Section 302 Penal Code (Cap 22) – Death penalty – Application for bail pending investigation – Gravity of offence – strength of case – likelihood of interference with witnesses – balance of probabilities that bail should not be granted – Bail refused – Application dismissed]

Decision date: 15 Nov 2025

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