JUDGMENTS
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
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
[-]
Decision date: 7 Dec 2011
Civil Appeal No. 11 of 2011
[-]
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
[-]
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
[-]
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
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]
Morisma Sdn Bhd, Wong Yep Seng v Perbadanan Tabung Amanah Islam Brunei (TAIB)
COACV/6/2011
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. 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]
Hj Mohd Iskandar Zulkarnain bin Haji Omar Ali v Baiduri Bank Berhad
COACV/2/2011
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
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