JUDGMENTS
Civil Appeal No. 4 of 2017
HAPPY MOTORING CO SDN BHD v WONG HEE SING @ BIBIANA WONG
COACV/4/2017
Decision date: 29 Nov 2017
Civil Appeal No. 4 of 2017
[Sale of car. Defects arose. Damages awarded under Sale of Goods Act and for negligence. Appeal allowed on quantum of special and general damages. Awards of aggravated and punitive damages ought not to have been made. Damages reduced. Counterclaim in defamation. No evidence to support a defence of justification in respect of one statement. Appeal allowed. Retrial before a different judge.]
HAPPY MOTORING CO SDN BHD v WONG HEE SING @ BIBIANA WONG
COACV/4/2017
Decision date: 29 Nov 2017
Civil Appeal No. 8 of 2017
HAJAH LATIPAH BINTI SHEIKH HAJI YAHYA DAN HAJI ABDULLAH BIN HAJI SHEIKH YAHYA v HAJI ABD KHALID BIN SHEIKH HAJI YAHYA DAN HAJI SAID BIN HAJI SHEIKH YAHYA
COACV/8/2017
Decision date: 27 Nov 2017
Civil Appeal No. 7 of 2017
[Civil law, appeal against a judgment for money owed; judgment below inevitable in view of findings of fact on uncontradicted evidence; appeal dismissed with costs to respondent.]
HAJI MD HARIS BIN HAJI OMAR v STAR PUBLISHING PTE LTD
COACV/7/2017
Decision date: 27 Nov 2017
Civil Appeal No. 8 of 2017
[Appeal from a refusal to grant an amendment to a consent Summons relating to a family dispute over the ownership of land. Appeal allowed]
HAJAH LATIPAH BINTI SHEIKH HAJI YAHYA DAN HAJI ABDULLAH BIN HAJI SHEIKH YAHYA v HAJI ABD KHALID BIN SHEIKH HAJI YAHYA DAN HAJI SAID BIN HAJI SHEIKH YAHYA
COACV/8/2017
Decision date: 21 Nov 2017
Civil Appeal No. 3 of 2017
[Order 14 judgment for part of claim and interim payment granted by the registrar. The judge dismissed an appeal against the orders. The appeal against the judge’s order dismissed. No bone fide defence demonstrated.]
NGUI SZE CHIAT v KAMILA CONSTRUCTION SDN BHD
COACV/3/2017
Decision date: 22 May 2017
Civil Appeal No. 9 of 2017
[Joint Venture Agreement – Temporary Occupation Licence revocable without notice for breach of any condition or term – breach of Joint Venture condition replicating condition of Temporary Occupation licence justification for repudiation of contract – condition not a warranty. Temporary Occupation Licence cannot create any right or tenancy over land]
HASRAT TEGUH SDN BHD v WATI BINTI HAJI BUJANG
COACV/9/2017
Decision date: 12 May 2018
Civil Appeal No. 6 of 2016
[Order 88(1). Respondents as registered owners of land entitled to order for vacant possession of land. Trespassers raise no triable issue. Oral sale of the land 22 years ago]
ZAINAB BINTI HJ AWG DAMIT@ALIZAH, AWG BOL HASSAN BIN HJ IBRAHIM v YAM PADUKA SERI BAGINDA PENGIRAN ANAK PUTERI HAJAH AMAL JEFRIAH BINTI ALMARHUM SULTAN HAJI OMAR ALI SAIFUDDIEN SA’ADUL KHAIRI WADDIEN & OTHERS
COACV/6/2016
Decision date: 24 Nov 2016
Civil Appeal No. 5 of 2016
[ Road Traffic Accident – negligence – vicarious liability – Road Traffic Act (Cap 68) Section 86 – Plaintiff’s claim for damages against driver’s employer – Appeal by employer – Respondent’s (Plaintiff’s) counter-notice – damages for quantified likelihood of future medical treatment and costs of maid’s services. Substantial delay between end of trial and delivery of judgment. Appellant’s claim to disallow interest for that interim period. Appeal dismissed – Cross Appeal allowed]
MEGALIFT SDN BHD v FABIOLA NG YIOK CHIN
COACV/5/2016
Decision date: 23 May 2016
Civil Appeal No. 4 of 2016
[Matrimonial property – Transfer of matrimonial home to wife – Suitability of lump sum in lieu of monthly payments for maintenance.]
LIM CHAI HOCK v JOSEPHINE HENG
COACV/4/2016
Decision date: 16 May 2016
Civil Appeal No. 11 of 2015
[Application for summary possession of land pursuant order 88 rule 1 – Applicable test – whether interlocutory or final order – S.20(2)(f) CAP 5 – When leave to appeal to Court of Appeal should be granted.]
HARAZ INDUSTRIAL SDN BHD, YAU WEE WOON, WU CHAY CHIN v LEE FATT KHONG
COACV/11/2015
Decision date: 12 May 2016
Civil Appeal No. 12 of 2015
[Statement of Claim struck out under order 18 rule 18 RSC by Senior Registrar.
Plaintiff’s appeal dismissed by judge. Appeal from Judge dismissed. No reasonable
cause of action demonstrated in the pleadings]
MALAI NURIDAH SHEIKH MOHAMMAD v BRUNEI SHELL PETROLEUM COMPANY SDN BHD, KEN MARNOCH
COACV/12/2015
Decision date: 11 May 2016
Civil Appeal No. 12 of 2015
[Statement of Claim struck out under order 18 rule 18 RSC by Senior Registrar. Plaintiff’s appeal dismissed by judge. Appeal from Judge dismissed. No reasonable cause of action demonstrated in the pleadings]
MALAI NURIDAH SHEIKH MOHAMMAD v BRUNEI SHELL PETROLEUM COMPANY SDN BHD, KEN MARNOCH
COACV/12/2015
Decision date: 11 May 2016
ICCS No. 43 of 2015
[application for leave to appeal against refusal to order security for costs refused. Interlocutory application – Satellite litigation – Reluctance of Court of Appeal to grant leave in satellite litigation – Reasons considered]
HAJI AWG MOHD HUSSAINI BIN PP HJ AWG AHMAD v PONNUSAMY RAJAPANDIAN
COACV/43/2015
Decision date: 21 Nov 2015
Civil Appeal No. 5 of 2015
[application to strike out action against naval noncommissioned officers for alleged assault on recruit under training – Constitution, Articles 84 (b) (2) and 84C – Order 18 rule 18(1) and Order 86 rule 4 of Brunei Supreme Court Rules]
KPL MOHD KHAIRUL MUSADEY BIN MUSA, KPL SHAHLINNORDY BIN SIDUP, L/KPL FAIZAL BIN ABDULLAH, L/KPL PG ASMAN BIN PG TEJUDIN v MD HAMIZAN BIN SALIM
COACV/5/2015
Decision date: 19 Nov 2015
Civil Appeal No. 3 of 2015
[Appeal purely on fact – trite law that in order to succeed the appellant must demonstrate that the judge’s decision was plainly wrong. In this he failed and appeal dismissed. Cross appeal allowed for interest before judgment on the sum awarded]
CHIN WUI HENG v YONG SOK GENERAL
COACV/3/2015
Decision date: 17 Nov 2015
Civil Appeal No. 1 of 2015
THE LAW SOCIETY OF BRUNEI DARUSSALAM v AZRIL ANWAR BIN HJ AHMAD
COACV/1/2015
Decision date: 30 May 2015
Civil Appeal No. 10 of 2014
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CHUON TZU CONSTRUCTION COMPANY SDN BHD v HIAP GUAN SDN BHD
COACV/10/2014
Decision date: 28 May 2015
Civil Appeal No. 15 of 2014
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MICALAND v COMMISSIONER OF POLICE ROYAL BRUNEI POLICE FORCE
COACV/15/2014
Decision date: 28 May 2015
Civil Appeal No 13 of 2014
[Damages – Quantum of damages pursuant to undertaking in ex parte Anton Pillar Order and injunction]
KONINKLIJKE PHILIPS ELECTRONICS NV v AIFA SDN BHD
COACV/13/2014
Decision date: 3 Dec 2014
Civil Appeal No. 8 of 2014
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SHUN WEI CO. SDN BHD v HJH SITI ISAH BINTI LAKIM@DY HAJAH AISHAH
COACV/8/2014
Decision date: 24 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. 11 of 2014
[-]
TERENCE ROBERT TAYLOR, MARY ROSE TAYLOR v FATHAN, RUDI LEE, ANNIE KON & ASSOCIATES, LEE KIM BOON, ANNIE KON, FATHAN BIN HAJI ANUAR
COACV/11/2014
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. 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
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