Judgment Reviews Law at Brunei
In Brunei, the judicial system provides structured mechanisms for reviewing judgments, ensuring fairness and the correction of errors. Here's an overview of how judgment reviews are conducted:
⚖️ Judicial Review Mechanisms in Brunei
1. Court of Appeal
The Court of Appeal serves as Brunei's final appellate court for criminal cases. In civil matters, parties may appeal to the Judicial Committee of the Privy Council in the United Kingdom, provided both parties agree beforehand. The Court of Appeal hears appeals from judgments or orders of the High Court and Intermediate Court in civil matters. For criminal matters, it hears decisions from the High Court and Intermediate Court and determines questions of law that may have arisen in the court below.
2. High Court
The High Court is the court of first instance for serious criminal and civil cases. Decisions made by the High Court can be appealed to the Court of Appeal. For civil cases originating from the Magistrate's Court, parties may appeal to the High Court within one month from the date of judgment. The party appealing must file a 'Notice of Appeal' with the Registrar of the Magistrates' Court and serve a copy to the respondent.
3. Intermediate Court
The Intermediate Court handles civil cases with claims exceeding BND 10,000 and certain criminal cases. Decisions made by the Intermediate Court can be appealed to the Court of Appeal.
📌 Notable Case: Reversal of Summary Judgment
In December 2024, the Court of Appeal overturned a High Court decision granting summary judgment in favor of Normila Sdn Bhd against Sinohydro-Pahaytc Joint Venture Sdn Bhd and Pahaytc Sdn Bhd The appellate court identified errors in the trial court's reasoning and found triable issues warranting further deliberation The case involved a payment dispute arising from a sub-contract agreement dating back to 2011
✅ Summary Table
| Court Level | Function | Appeal to Next Level | |-------------------------|---------------------------------------------------|----------------------------------| | Magistrate's Court | Handles minor civil and criminal cases | High Court | | Intermediate Court | Handles civil cases with claims exceeding BND 10,000 and certain criminal cases | Court of Appeal | | High Court | Handles serious criminal and civil cases | Court of Appeal | | Court of Appeal | Final appellate court for criminal cases; hears civil appeals from the High Court | Judicial Committee of the Privy Council (for civil cases, if both parties agree)
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