Fadley Faisal
An appeal by Sahid Sdn Bhd against a High Court award of MYR4,106,938.42 to Malaysian company ICE Petroleum Engineering Sdn Bhd was entirely dismissed by the Brunei Darussalam Court of Appeal on November 29.
The appeal followed Brunei’s first ever court trial conducted virtually during the COVID-19 period in 2020 where ICE Petroleum was awarded the judgement sum for costs and expenses incurred in performing works in a failed joint venture with Sahid.
Sahid appealed on the main ground that it was prejudiced because the witnesses at trial had not been fully cross-examined on the documents and issues hence it claimed that there were gaps in the evidence at trial.
The Court of Appeal rejected Sahid’s contention and is satisfied that there is no basis for the challenges as the appellate court found that the trial judge has made a careful and progressive examination of all evidence. As the appeal had failed, the earlier High Court judgement by Judicial Commissioner Kannan Ramesh was upheld by the Court of Appeal, together with costs and interests; and Sahid was ordered to pay ICE Petroleum’s costs of the appeal. Lawyers Eric Siow and Jonathan Cheok of Messrs J Cheok Eric represented Sahid.
Lawyers Roy Prabhakaran and Kamal Shaari of Messrs Yusof Halim and Partners appeared for ICE Petroleum.
