JUDGMENTS
Originating Summons No.100 of 2023
[Application for discovery in Law Society disciplinary proceedings – effect of section 84C of the Constitution of Brunei Darussalam – whether application available under Order 24 where other statutory rules apply]
S.Rozaimarlenny DSLJ Abd Rahman v Law Society of Brunei Darussalam
OS/100/2023
Decision date: 11 June 2024
Originating Summons No. 75 of 2023
[Application for taxation of solicitor and own client bills – discretion of Court to order taxation – grounds upon which discretion to be exercised – whether genuine dispute]
Ting Jack Chai v Messrs Ho and Siong Advocates & Solicitors
OS/75/2023
Decision date: 11 June 2024
Originating Summon No. 70 of 2023
[Application by judgment debtor to extend time for bringing proceedings – whether reasons for delay given – whether proceedings properly brought – effect of section 84C of Constitution on Trustee’s decision]
Ho Poh San v Sivli Sdn Bhd
OS/70/2023
Decision date: 6 June 2024
Civil Suit No. 50 of 2022
[Order 14 – whether defence – matter of resolution of accounts – whether party wrongly added to proceedings. ]
Normila Sdn Bhd v Sinohydro-Pahaytc Joint Venture Sdn Bhd & Anor
HCCS/50/2022
Decision date: 6 June 2024
Criminal Appeal No. 2 of 2023
[Criminal law – Armed robbery – Sentence]
Decision date: 5 June 2024
Civil Suit No. 28 of 2022
[Appeal against refusal to strike out plaintiff’s claim – principles to be followed –relevance of evidence in such an application]
Hj Abdullah Bin Hj Metassim v Ho Guan Heng
HCCS/28/2022
Decision date: 4 June 2024
Civil Suit No. 28 of 2020
[Banking loan facility under Government scheme – period of validity – whether extended – whether breach by bank in not allowing drawdown – termination of facility]
AS-SYU’LAH SDN BHD v BANK ISLAM BRUNEI DARUSSALAM BERHAD
HCCS/28/2020
Decision date: 3 June 2024
Civil Suit No. 24 of 2019
[Personal Injuries – liability – employer’s duty or care – negligence – contributary negligence – quantum – damages]
AMIN HALIM BIN CASAN v MASA’IN BINTI AWANG HAJI TUAH (D1), NORMILA SDN BHD (D2)
HCCS/24/2019
Decision date: 30 May 2024
Divorce Petition No. 6 of 2023
[Divorce – Ancillary Relief]
Mah Hui Hui v Yong Chen Wei
PET/6/2023
Decision date: 23 May 2024
Civil Suit No. 32 of 2020
[Civil Procedure – application for setting aside judgement in default of appearance – application dismissed with cost ]
MOHAMAD BIN HAJI TUTONG @ TOTONG v ABDUL LATIF BIN TUTONG @ TOTONG, SALMAH BINTI TUTONG @ TOTONG
HCCS/32/2020
Decision date: 20 May 2024
Originating Motion No. 9 of 2023
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Chong Kim Sang v Baiduri Bank Berhad
OM/9/2023
Decision date: 4 May 2024
Divorce Petition No. 49 of 2021
[Husband and wife – marriage dissolved – Matrimonial and non-Matrimonial assets – length of marriage – co-habitation and in relationship excluded – lump sum and others – fair and equitable ]
Maria Teresa Feril Wong v Wong Sung Yin
PET/49/2021
Decision date: 6 Feb 2024
Petition No. 49 of 2021
[Husband and wife – marriage dissolved – Matrimonial and non-Matrimonial assets – length of marriage – co-habitation and in relationship excluded – lump sum and others – fair and equitable ]
Maria Teresa Feril Wong v Wong Sung Yin
PET/49/2021
Decision date: 6 Feb 2024
Criminal Appeal No. 15 of 2021
[Criminal law – Incestuous rape and other sexual offences against two young daughters – Sentence ]
Decision date: 25 Nov 2023
Criminal Appeal No. 9 of 2023
[Criminal law – House-breaking – House-trespass – Sentence]
Decision date: 23 Nov 2023
Criminal Appeal No. 5 of 2023
[Sentence – 3 years and 6 strokes on a guilty plea to s.435(1) Penal code upheld – Probation not appropriate]
Decision date: 15 Nov 2023
Civil Suit No. 30 of 2018
[Solicitors’ professional indemnity insurance – whether statements in proposal form voided contract – consideration of what is meant by “may give rise to a claim”]
TAKAFUL BRUNEI AM SDN BHD v EVERSHEDS HEP (a firm) (formerly known as HEP LAW OFFICE), STANDARD INSURANCE LIMITED (Third Party)
HCCS/30/2018
Decision date: 18 Oct 2023
Civil Suit No. 42 of 2022
[Striking out – whether defendants have immunity from legal proceedings – whether enforceable contract between parties – illegality of contract]
IR. Dato Paduka Malai Ali Bin Malai Hj Othman (trading under the name and style of Perkhidmatan Perundingan dan Pengurusan Ilmu Alim) v Brunei Darussalam Central Bank (Previously known as Autoriti Monetari Brunei Darussalam), Yusof Bin Haji Abdul Rahman [sued in his capacity as the then Managing Director of the 1st Defendant, Dayang Hajah Rokiah Binti Haji Badar [sued in her capacity as the present Managing Director of the 1st Defendant]
HCCS/42/2022
Decision date: 9 Oct 2023
Civil Suit No. 61 of 2021
[Striking out of writ and statement of claim – principles to be followed – whether pleading shows a reasonable cause of action]
Decklite Access (B) Sdn Bhd, Decklite Australis Pty Ltd v Brunei LNG Sdn Bhd
HCCS/61/2021
Decision date: 5 Oct 2023
Civil Suit No. 87 of 2021
[Appeal from order recusing lawyers from acting – test to be applied – relevance of possible evidence to matters in issue]
Pengiran Hajah Sharinah Binti Pg Dato Sharifuddin Pg Datin Shazainah Binti Pg Dato Sharifuddin [Suing as the Joint Administratrixes of the estate of Pg Dato Hj Sharifuddin Pg Metali, deceased) v Fleet Resources Development Sdn Bhd
HCCS/87/2021
Decision date: 3 Oct 2023
Criminal Trial No. 2 of 2020
[Criminal Law – Section 471 read with section 468 of the Penal Code, Chapter 22- dishonestly use as genuine certain documents- knew or had reason believed to be forged documents- section 420 of the Penal Code, Chapter 22-cheating-deception-dishonestly- Public Works Department – Store Unit-printer toner cartridges]
Decision date: 7 Aug 2023
Criminal Motion No. 22 of 2023
Criminal Motion No. 27 of 2022
[Criminal law – Housebreaking – Sentence ]
Decision date: 10 June 2023
Criminal Appeal No. 15 of 2020
[Criminal law – Armed gang robbery – Sentence ]
Decision date: 10 June 2023
Criminal Motion No. 27 of 2020
[Criminal law – Rape contrary to section 376(3)(c) of the Penal Code – Conviction after trial – Prior rape convictions – Sentence ]
Decision date: 10 June 2023
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