JUDGMENTS
Criminal Appeal No. 20 of 2013
[Criminal Law – Voluntarily causing hurt – Appeal against conviction – Appellate court will not disturb findings of fact unless they are plainly wrong or clearly reached against the weight of the evidence.]
Decision date: 10 Apr 2014
Criminal Appeal No. 9 of 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]
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]
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]
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]
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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Decision date: 19 Nov 2011
Civil Appeal No. 15 of 2011
[Appeal against order refusing to stay judgment of this Court – effect of payment by purchaser of whole of purchase price – effect of clause requiring successive applications for approval of transfer]
Decision date: 17 Nov 2011
Civil Appeal No. 6 of 2011
[Companies winding up order under section 163 (a) and 162 (e) of the companies act. A winding up order will be made under a settled practice of the court if the facts under section 163 (a) are established unless good reason is shown not to make such an order]
Decision date: 10 Nov 2011
Civil Appeal No. 2 of 2011
[Lawyers instructed by bank to search the Bankruptcy Register for person with title Pengiran or Pg to whom they wished to advance money. Common knowledge that before marriage in Brunei such a person may use the title Awangku or Ak. Lawyers failed to search for Awangku or Aw. The person was bankrupt listed under title Ak. Lawyers informed bank that the person was not on Bankruptcy Register. Bank advanced money to bankrupt and nothing repaid. Judge held lawyers in breach of contract and negligent for failing to search with the skill and care expected of a reasonably competent and careful lawyer and awarded damages. Judge’s finding upheld on appeal.]
Decision date: 25 May 2011
Civil Appeal No. 1 of 2011
[Lawyers instructed by bank to search the Bankruptcy Register for person with title Pengiran or Pg to whom they wished to advance money. Common knowledge that before marriage in Brunei such a person may use the title Awangku or Ak. Lawyers failed to search for Awangku or Aw. The person was bankrupt listed under title Ak. Lawyers informed bank that the person was not on Bankruptcy Register. Bank advanced money to bankrupt and nothing repaid. Judge held lawyers in breach of contract and negligent for failing to search with the skill and care expected of a reasonably competent and careful lawyer and awarded damages. Judge’s finding upheld on appeal. ]
Decision date: 25 May 2011
Civil Appeal No. 10 of 2010
[Action for declaration that the plaintiff was the owner of a shophouse dismissed on grounds he has sold it to the defendant. Appeal on questions of fact dismissed. ]
Decision date: 25 May 2011
Civil Appeal No. 3 of 2011
[Damages for breach of contract by repudiation –principles of assessment – application of principles –may depend, in a development agreement, on the time at which the cause of action arises – mitigation of damage –onus of proof]
Decision date: 25 May 2011
Civil Appeal No. 13 of 2010
[Whether the Lunacy Act, Chapter 48, is, with respect to the provisions of the Lunacy Acts 1890 to 1908, U.K., dealing with the administration of estates of persons of unsound mind, other provision made by a written law in force in Brunei within section 2 of the Application of Laws Act, Chapter 2 –whether the Lunacy Acts, England., are statutes of general application within section 2 – orders appropriate to be made under the Lunacy Acts, England]
Decision date: 24 May 2011
Criminal Appeal No. 6 of 2010
[Appellant convicted of 3 offences under section 6 (a) of the Prevention of Corruption Act Cap.131 and 7 offences under section 165 of the Penal Code, Cap22. Appeal against conviction on the judge’s findings on questions of fact dismissed. Appeal against sentences totalling 7 years with financial penalties also dismissed]
Decision date: 9 Dec 2010
Civil Appeal No. 14 of 2010
[Limitation – Limitation Act Cap14, Section 27 (1) (a) – meaning of “in the possession of the trustee” – does not include property formerly in possession. ]
Decision date: 6 Dec 2010
Civil Appeal No. 11 of 2010
[Deeds of assignment of development agreement and of leasehold rights by way of security – legal effect – assignor retains only equity of redemption – insufficient proprietary right to enable assignor to convey mortgaged property to another.
Contract – covenant not assign without consent – in context construed as permission to assign with prior consent – absence of consent
Ostensible authority of agent – absence of sufficient evidence ]
Decision date: 6 Dec 2010
Criminal Appeal No. 3 of 2010
[Offence under section 6(c) of Prevention of Corruption Act – appeal against conviction – elements of offence – findings of credit – advantage of trial judge – evidence of good character –meaning of section 53 of Evidence Act Appeal against sentence – importance of deterrence]
Decision date: 2 Dec 2010
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