JUDGMENTS
Civil Appeal No. 22 of 2009
[Judge’s interlocutory decision in plaintiffs’ favour on liability only. Leave to appeal necessary but leave not applied for at the appropriate time. Leave to appeal and leave to apply out or time granted on the appellants’ undertaking to pay the costs of any further appeal in the action. Appeal against liability and contributory negligence dismissed with costs. ]
Faridah Binti Hj Abd Hamid, Rozini Bin Hamdan v Azman Bin Amran, Nadirahtul Elmi Binti Amran (through her father and next friend), Amran Bin Hj Aji, Sidup Bin Burut
COACV/22/2009
Decision date: 7 May 2009
Civil Appeal No. 14 of 2007(order)
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Dyg Julia Bte Moksin, Awang Zaini Bin Hj Abdul Rahman v Saurabh Bir Gurung (an infant, suing by his father and next friend, GANGA GURUNG)
COACV/14/2007
Decision date: 27 Nov 2008
Civil Appeal No. 9 of 2008
[Leave to appeal – whether judgment final or interlocutory – meaning of final – principles applicable to leave. Summary judgment – principles applicable. Syariah law – relevance to financial facility. Whether summary judgment should be granted for money sum. Leave to amend the defence in reliance on section 75 of the Contracts Act. Whether summary judgment should be granted for declaration and amount to be assessed.]
Morsima Sdn Bhd, Wong Yep Meng v Perbadanan Tabung Amanah Islam Brunei
COACV/9/2008
Decision date: 27 Nov 2008
Civil Appeal No. 14 of 2007(final)
[Plaintiff aged 9 years a passenger in motor vehicle accident. Severely injured causing serious life long disability. No evidence from which the judge could infer that he was not wearing seat belt. In any event inappropriate to find contributory negligence against child of this age. Future lifetime loss of earnings award not too speculative. Since Wells v Wells in H of L 18 years multiplier not too high. Child now settled in UK from Nepal. Future loss on U K scale appropriate. Tax ought to have been taken into account but judge could not do so in the absence of evidence. Future cost of care from mother not overlapped with general award for future care. Failure to plead particulars under Order 18 r 11 as required but defendant not taken by surprise and not prejudiced. Award of interest on special damages at 3% and on general damages for pain and suffering and loss of amenity at 6% from time of accident to date of judgment affirmed in this jurisdiction. Jefford v Gee considered. Appeal against judge’s
award dismissed.]
Dyg Julia Bte Moksin, Awang Zaini Bin Hj Abdul Rahman v Saurabh Bir Gurung (an infant, suing by his father and next friend, GANGA GURUNG)
COACV/14/2007(final)
Decision date: 25 Nov 2008
Civil Appeal No. 23 of 2008
[Application for leave to appeal to Court of Appeal against order of judge adjournment an appeal from a Registrar. Approach of Court of Appeal to interference with a discretionary order.]
Awangku Muhammad Mursyid Bin Pg Hj Ali, Pg Ali Bin Pg Maon v Makrami Bin Hj Md Noor
COACV/23/2008
Decision date: 24 Nov 2008
Civil Appeal No. 13 of 2008
[Appeal against the Judge’s decision to refuse to make a garnishee order absolute. Not in dispute that the necessary facts for this debt of the judgment debtor to be attached are established. The judge’s approach in making his own decision on the evidence he heard is correct. A garnishee order absolute is discretionary. Judge exercised his discretion but his reasons were flawed. The court of appeal exercised the judge’s discretion anew and ordered the garnishee order to be made absolute. ]
Baiduri Bank Berhad v L & L Engineering Corporation Sdn Bhd
COACV/13/2008
Decision date: 24 Nov 2008
Civil Appeal No. 15 of 2007
[Civil appeal. Fatal accidents claim. The deceased cyclist riding erratically in same direction as the car driven by the defendant. Driver sounded horn to warn cyclist of his approach. Cyclist pulled in towards his nearside. When the driver was passing him he suddenly and without signal or warning rode to his right into the path of the car. The judge’s decision that the accident was entirely the fault of the cyclist upheld on appeal. The decision of the judge purely a question of fact]
Carmelina J. Vasquez (as administrator of Dennis Veluz Landicha) v Mohd Alit Abd Rahman Bin Hj Mohd Jaafar & Anor
COACV/15/2007
Decision date: 22 Nov 2008
Civil Appeal No. 18 of 2007
[Intervention by Court of Appeal in order to resolve difficulties arising out of a refusal to order stay of a judgment which, if executed, would have involved payment of moneys in about the same amount as is involved in the counterclaim.]
Danny Chong Meng Chiang v Encore Sdn Bhd
COACV/18/2007
Decision date: 20 Nov 2008
Civil Appeal No. 10 of 2008
[Motor vehicle collision. Whether insured person entitled to sue tortfeasor for full amount of damage after payment by her own insurance company of the majority of that amount. Duty to her own insurer if double indemnity results.]
Wong Teck Huo, Ling Lee Wee v Hayati Bte Hj Abdul Kadir
COACV/10/2008
Decision date: 20 Nov 2008
Civil Appeal No. 7 of 2008
[Failure by defence to make disclosure of videotape evidence until well into trial. Ambush tactics. Costs to be borne by defendant. ]
Hjh Sauyah Bte Hj Kamis v Maimunah Bte Abdul Ghani
COACV/7/2008
Decision date: 13 Nov 2008
Civil Appeal No. 11 of 2007
[Quantum of general damages – pain and suffering and loss of amenities – nature of disability – whether plaintiff’s disability caused by accident – importance of evidence of expert – danger of admitting documentary opinion into evidence unless put to and accepted by expert witness.]
Deveraj Muthusamy Veerasamy, Marissa Deveraj Muthusamy Veerasamy v Hj Khairul Pehin Salleh, Hjh Mariam Binti Hj Salleh
COACV/11/2007
Decision date: 22 May 2008
Civil Appeal No. 9 of 2007
[Negligence – joint tortfeasors causing collision which caused plaintiffs’ injuries – plaintiffs entitled to recover from either tortfeasor – duty of following driver]
BUALI BUNYANG AND ORS v TAN JI MUI AND ANOR
COACV/9/2007
Decision date: 22 May 2008
Civil Appeal No. 1 of 2008
[Appeal from Registrar’s assessment of damages to a Judge. Appeal from Judge’s decision to Court of Appeal. Appeal to Judge is a rehearing in which it is incumbent upon Judge to come to his own decision on the matter. Judge erred in finding “no sufficient reasons to justify” interfering with Registrar’s decision. Matter remitted to Judge to complete hearing. ]
MAIMUNAH BTE ABD GANI v HJH SUAYAH BTE HJ KAMIS
COACV/1/2008
Decision date: 20 May 2008
Civil Appeal No.3 of 2008
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Ak Abd Rahman Rahimin Bin Pg Mahali, Hjh Yashimah Bte Haji Yahya v Rizan Bin Hj Awg Hamid, Mohd Romzi Bin Pozan, Hj Hamid Bin Abdullah
COACV/3/2008
Decision date: 17 May 2008
Civil Appeal No.3 of 2008
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Ak Abd Rahman Rahimin Bin Pg Mahali, Hjh Yashimah Bte Haji Yahya v Rizan Bin Hj Awg Hamid, Mohd Romzi Bin Pozan, Hj Hamid Bin Abdullah
COACV/3/2008
Decision date: 17 May 2008
Civil Appeal No. 19 of 2007
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Wong Tim Kai v Attorney General of Brunei Darussalam
COACV/19/2007
Decision date: 15 May 2008
Civil Appeal No. 13 of 2007
[Assessment of damages – pain and suffering and loss of amenities – principles applicable – appeal – approach of appellate court – whether there has been a “wholly erroneous” estimate of the damages suffered such as to warrant interference.]
HJH ROSMAHWATI BTE HJ BAKAR v DONI BIN AKUP [suing as the administrator of the estates of And on behalf of the dependants of MUHAMMAD AZMI BIN DONI (deceased) and MUHAMMAD AZIM BIN DONI (deceased)]
COACV/13/2007
Decision date: 14 May 2008
Civil Appeals No. 9 of 2006 and 6 of 2007
[1. Only on exceptional circumstances will the Court of Appeal allow an appeal against a decision below by consent of the parties.
2. There can be no criticism of the decisions below but in the exceptional circumstances of this case appeal allowed on the application of the parties and the bank’s indication that it does not wish to oppose the appeal.
3. The plaintiff Bank to pay the costs thrown away in the Appeal and below up to 28 April 2008 as well as the costs of today’s application.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/9/2006 and COACV/6/2007
Decision date: 3 May 2008
Civil Appeal No. 17 of 2006
[Assignment of future moneys due under contract – effective because made for consideration which passed, was expressed in present terms and was notified to debtor – against judicial manager who uses moneys to pay company debts – personal liability of judicial manager.]
The Judicial Manager (L & L) Engineering Corporation Sdn Bhd Under Judicial Management v Baiduri Bank Berhad
COACV/17/2006
Decision date: 4 Dec 2007
Civil Appeal No. 1 of 2007
[Issue of Certificate of Practical Completion by architect under a concurrent contract held to be valid. Appeal allowed. Cost sent back to trial judge to decide damages issue. Appeal dismissed on a 2nd claim.]
Pg Hj Tuah Bin Pg Hj Menudin (Puting) and 11 others v McBrumby Development Company (sued as firm) and 3 others
COACV/1/2007
Decision date: 3 Dec 2007
Civil Appeal No. 11 of 2006
[nterest on costs runs from the date the judgment is given – the incipitur rule.]
Sayed Late Momin Shaikh v Syarikat Haji Abd Hamid Haji Bakar Dan Anak-Anak
COACV/11/2006
Decision date: 28 Nov 2007
Civil Appeal No. 6 of 2007
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on ground special skill and qualifications were required.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/6/2007
Decision date: 26 Nov 2007
Civil Appeal No. 6 of 2007
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on ground special skill and qualifications were required.]
Pg Dato Setia Yusof Bin Pg Dato Hj Sepiuddin v Baiduri Bank Berhad
COACV/7/2024
Decision date: 8 Oct 2025
Civil Appeal No. 4 of 2007
[Appeal against judge’s award of interest and default interest due on Banker’s claim under facility letters granting a term loan. Agreement for repayments on the loan to be made from customer’s current account which he did not keep in funds so that it went into unauthorised overdraft. Principal sums repaid by agreement. Issues concerning the interest and default interest payable on the overdraft and principal under the facility letters. Facility letter agreements held to apply to the current account as well as the loan account. Order of the judge upheld. Appeal dismissed. ]
Hj Md Yussop Bin Hj Md Daud v Baiduri Bank Brunei
COACV/4/2007
Decision date: 23 May 2007
Civil Appeal No. 12 of 2006
[Cyclist injured in road accident gave notice reserving his rights under section 9 of the Motor Vehicle Insurance (Third Party Risks) Act Cap 90 to the insurer of the registered owner (who had sold the insured motor car before the accident). The Cyclist intends to seek judgment against the registered owner and/or the unauthorised driver. He has not obtained judgment on either liability or quantum and has no claim against the insurer until he does. It is not known whether he will have a claim against the insurers or whether he will pursue it. Insurers application
for a declaration that it is not liable to the cyclist struck out by Registrar under O.15 r.16 as disclosing no reasonable cause of action and an abuse of process. Upheld by judge. Insurers appeal dismissed by Court of Appeal with costs on an Indemnity basis. ]
National Insurance Co Bhd v Qazi Mohammad Salman
COACV/12/2006
Decision date: 21 May 2007
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