JUDGMENTS
Civil Suit No 65 of 2019
[Application for payment of costs by non-party – whether appropriate mode of application – principles to be applied – whether non-party has a financial interest in the proceedings]
PUTRATEC SDN BHD v AKER SOLUTIONS SDN BHD
HCCS/65/2019
Decision date: 13 June 2024
Criminal Appeal No. 17 of 2021
[Criminal law – Gang-robbery – Sentence]
Decision date: 12 June 2024
Criminal Appeal No. 9 of 2022
[Criminal law – Outraging modesty by a person in a position of trust – Sentence ]
Decision date: 12 June 2024
Criminal Appeal No. 10 of 2022
[ Outraging the modesty of a 14 year old deaf and mute pupil by his teacher (s.354B); judge’s assessment of means of communication by victim, unable to give sworn evidence; gross abuse and breach of trust. Pornographic video taken of another pupil; gross perversion and abuse; total sentences 9 years and 3 strokes.]
Decision date: 12 June 2024
Criminal Appeal No. 8 of 2022
[Criminal law – Theft – House trespass with intent to commit theft – Sentence]
Decision date: 12 June 2024
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
Criminal Motion No. 25 of 2023
[Bail application – leave to appeal out of time – application granted – defendants not deemed flights risk]
Zulhairul Shah Bin Mohamed Ahail & Siti Nur Hafizah Binti Abu Bakar v Public Prosecutor
CM/25/2023
Decision date: 25 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
Criminal Trial No. 5 of 2023
[Criminal law – sentencing – section 2 of the Unlawful Carnal Knowledge Act CAP 29 – plea of guilty after commencement of trial]
Public Prosecutor v MM Bin O
HCCT/5/2023
Decision date: 22 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
Criminal Trial No. 5 of 2024
[Criminal Law – defendant charge for attempted rape u/s 376(1) Penal Code read with section 511 of the same and an alternative charge of outraging modesty u/s 354 Penal Code – plead guilty to alternative charge and DAA to rape charges – sentencing – example of worst case committed u/s 354 Penal Code – maximum sentence – no discount for guilty plea – public interest]
Public Prosecutor v Mohammad Syafwandi Bin Mustafa
HCCT/5/2024
Decision date: 11 May 2024
Originating Motion No. 9 of 2023
[-]
Chong Kim Sang v Baiduri Bank Berhad
OM/9/2023
Decision date: 4 May 2024
Criminal Appeal No. 1 of 2024
[Criminal Law – Section 146(1)(ia) Excise Order – Appeal against fine imposed – miscalculation of excise duty – appeal allowed]
ARCHIE GALVAN SACE v Public Prosecutor
HACM/1/2024
Decision date: 16 Apr 2024
Criminal Appeal No. 20 of 2023
[Criminal Law – Section 34 Public Order Act – appeal against sentence and dismissal of Prosecution Cost – appeal dismissed]
Public Prosecutor v HAJAH FAIZAH BINTI HAJI ABDUL GAPAR
HACM/20/2023
Decision date: 8 Apr 2024
CRIMINAL TRIAL NO. 10 OF 2021
[Criminal Law – Section 302 Penal Code – Acquitted – Convicted under Section 304(1) Penal Code]
Public Prosecutor v Mohammad Helmi Bin Awg Serabah
HCCT/10/2021
Decision date: 28 Feb 2024
Criminal Trial No. 10 of 2021
[Criminal Law – Section 304(1) Penal Code – Maximum Sentence of life imprisonment]
Public Prosecutor v Mohammad Helmi Bin Awg Serabah
HCCT/10/2021
Decision date: 28 Feb 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
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