CIVIL SECTION

Civil case

A civil case begins when a person or entity (Government or corporation) brings a claim against another person which resulted in the former incurring loss or damages. The person or entity bringing the claim is known as ‘Plaintiff’, whereas the person or entity whom the claim is against is known as ‘Defendant’. The Plaintiff would usually seek for the court to order relief in the form of damages such as compensation against the Defendant.

Jurisdiction

In the Magistrates’ Court, the civil cases are presided by Senior Magistrates and Magistrates who hears civil cases ranging from personal injuries claim (including road traffic accidents and workers’ compensation) to breach of contract. The Magistrates’ court can hear claims up to $50,000. The case must either have occurred / arose in Brunei Darussalam, or one of the defendants reside or carries their business in Brunei, for the Plaintiff to file a claim in the Magistrates’ Court.

Currently, Plaintiffs may register their case in the Magistrates’ Court in Brunei & Muara, Tutong and Belait districts. For Temburong cases, plaintiffs may register their cases in the Brunei & Muara district.

The Magistrates’ Court cannot hear the following claims, and

1. Concerning any acts done by the order of His Majesty the Sultan and Yang Di-Pertuan, or His Majesty the Sultan and Yang Di-Pertuan in Council, or of the head of any Government department, or of a Judge or another Magistrate,
2. For recovery or partition of immovable property,
3. For specific performance or rescission of contracts,
4. For cancellation, rectification or interpretation of trusts instruments,
5. For the grant of probate or letter of administration or interpretation of wills,
6. Declaratory decrees.

Relevant Laws

The Magistrates’ Court is governed by the following legislations:

1. Subordinate Courts Act, Chapter 6.
2. Magistrates’ Court (Civil Appeals) Rules, Chapter 6 R1
3. Magistrates’ Court (Execution Proceedings) Rules, Chapter 6 R2
4. Magistrates’ Court (Civil Procedure) Rules, Chapter 6 R3
5. Magistrates’ Courts (Court Fees and Costs) Rules, Chapter 6 R4

Magistrate’s Court Civil Section

The Civil Section is one of the sections available in the Magistrates’ Court. The main function of this section is to assist in the administration of civil cases. The section receives and processes civil claims from private individuals, law firms and the government.

Members of the Civil Section include the Registrar, Deputy Registrar, Legal Assistants, civil clerks, bailiffs and process servers, and is headed by an Officer – In – Charge of the Civil Section.

Private individuals may seek assistance from the Legal Assistant on procedural matters such as filing of Summons and defence, stages of civil mentions and so on. However, the Legal Assistant will not give advice on legal matters such as whether or not you have a successful claim or defence.

The Civil Section is open to public during government office hours i.e. Monday to Thursday and Saturday from 8 AM to 12 PM and 1.30 PM to 4.30 PM. You may also contact the Civil Section during office hours at +673 2232979 ext 133/155 or email at bsbsubordinatecourt.civil@judicial.gov.bn.