JUDGMENTS

Civil Suit No. 63 of 2023

[Appeal from order striking out statement of claim – claim to set aside grant of letters of administration and for maladministration of deceased’s estate – whether properly pleaded – effect of Article 84C of the Constitution of Brunei Darussalam – consideration of concurrent proceedings in the Syariah Court]

Decision date: 25 Nov 2024
Criminal Motion No 11 of 2024

[Applicant already on trial (part heard); adjourned to May 2025; on bail with conditions including impounding of passport; numerous applications before Intermediate Court Judge for release of passport; all refused on ground that high risk of absconding; numerous commercial links in other countries; travel outside Brunei Darussalam not essential for conduct of commercial interests. No change of circumstances. Previous absence for 2 years and associated breach of a bail condition on return heightens risk of failure to return for trial. Proper exercise of discretion by Judge throughout. Application refused.]

Decision date: 7 Nov 2024
Civil Suit No. 54 of 2022

[Application to consolidate under Order 4 of the RSC – whether permitted with an Intermediate Court case – whether common questions of law or fact – principles to be applied]

Joko Santoso v Hj Abd Rashid Bin Hj Mahmood

HCCS/54/2022

Decision date: 4 Nov 2024
Originating Summons No. 67 of 2022

[Application to recuse lawyers from acting – probability of solicitors being called as witnesses – whether in breach of Legal Profession (Practice and Etiquette) Rules 2015 – principles to be considered]

Mahdi Bin Haji Md Suhaili & 7 others v Syarikat Perusahaan Sinar Hijau Sdn Bhd

OS/67/2022

Decision date: 31 Oct 2024
Criminal Trial No.12 of 2022

[Criminal Law – Section 377(2) of the Penal Code, Chapter 22 – 2 Charges – Convicted after trial – young children – sentence – serious offences – young victims – protection of children, young and vulnerable – rehabilitation and deterrence – consecutive sentences]

Public Prosecutor v M.M.M

HCCT/12/2022

Decision date: 2 Oct 2024

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