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    CASE(S) OF THE WEEK

  • SAMSURI BAHARUDDIN & ORS v. MOHAMED AZAHARI MATIASIN & ANOTHER APPEAL [2017] 3 CLJ 287
    FEDERAL COURT, PUTRAJAYA
    MD RAUS SHARIF PCA, AHMAD MAAROP FCJ, HASAN LAH FCJ,
    ABU SAMAH NORDIN FCJ, AZIAH ALI JCA
    [CIVIL APPEALS NO: 02(f)-34-04-2014(S) & 02(f)-35-04-2014(S)]
    19 JANUARY 2017

    LEGAL PROFESSION: Admission - Ad hoc - Arbitration in Sabah - Foreign lawyer appointed as counsel in arbitration proceedings - Whether foreign lawyers who are not advocates within meaning of Advocates Ordinance 1953 (`Ordinance') prohibited from representing parties in arbitration proceedings in Sabah - Whether Ordinance applicable to arbitration proceedings in Sabah - Whether advocates admitted in Sabah have exclusive right to represent parties in arbitration proceedings in Sabah - Whether s. 8(1) read together with s. 2(1)(a) and (b) of Ordinance confer to Sabah advocates exclusivity of right to practise by representing and appearing for any party in arbitration proceedings in Sabah

    STATUTORY INTERPRETATION: Definition - `To practise in Sabah' - Advocates Ordinance 1953, ss. 2(1)(a)(b) & 8(1) - Whether s. 8(1) must be read together with s. 2(1)(a) and (b) - Whether confer to Sabah advocates exclusivity of right to practise by representing and appearing for any party in arbitration proceedings in Sabah

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  • LOI TECK CHAI & YANG LAIN lwn. KINTA MEDICAL CENTRE SDN BHD [2017] 3 CLJ 486
    MAHKAMAH TINGGI MALAYA, IPOH
    SAMSUDIN HASSAN H
    [GUAMAN SIVIL NO: 22NCVC-94-2011]
    9 DISEMBER 2016

    TORT: Kecuaian - Tanggungjawab berjaga-jaga - Kemungkiran - Pesakit menerima rawatan hospital - Pesakit sah positif HIV selepas menerima darah yang dibekalkan oleh klinik ke hospital - Sama ada wujud tanggungjawab berjaga-jaga oleh klinik terhadap pesakit - Sama ada tanggungjawab berjaga-jaga dimungkiri - Sama ada pesakit mengalami kerosakan dan kerugian akibat kemungkiran tanggungjawab berjaga-jaga klinik - Sama ada kecuaian klinik terbukti

    TORT: Ganti rugi - Kecuaian - Pesakit menerima rawatan hospital - Pesakit sah positif HIV selepas menerima darah yang dibekalkan oleh klinik ke hospital - Tuntutan ganti rugi am dan khas - Faktor-faktor yang dipertimbangkan dalam mengawardkan ganti rugi - Sama ada tuntutan ganti rugi disokong - Jumlah ganti rugi yang wajar diawardkan

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  • ARTICLE HIGHLIGHT

    Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance

    UK
    Insurance
    Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance
    The Supreme Court has today handed down its judgment in AIG Europe Limited v Woodman and others [2017] UKSC 18. The Supreme Court allowed the appeal, and remitted the case back to the High Court. It held that determining the meaning of "a series of related matters or transactions” in the aggregation clause contained in the Minimum Terms and Conditions for solicitors' professional indemnity insurance necessitated a fact sensitive inquiry to be carried out.

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  • When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

    AUSTRALIA
    Intellectual property
    Limitations of relying on trademark registration as a defence to infringement claims
    Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend.

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  • Mind Your Manner: BC Supreme Court Awards Damages for Mental Distress Arising From Manner of Dismissal and Recognizes Past Service

    CANADA
    Employment
    Absent a contractual provision to the contrary, courts will recognise employee's past service
    A recent decision from the British Columbia Supreme Court reminds employers of the recognition of past service and the available damage awards resulting from the manner of dismissal.

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  • A tale of two crocodiles

    NEW ZEALAND
    Intellectual property
    Crocodile International wins Supreme Court fight against rival Lacoste
    Last week was an exciting week in the trade mark world, as the Supreme Court released its latest decision in a long standing dispute between Crocodile International and Lacoste. Supreme Court decisions on trade mark law are very rare, and this decision was especially welcomed as a clarification on the law on non-use of trade marks in New Zealand. Crocodile trade mark The case related to the question of whether Lacoste had used its trade mark registration (the crocodile mark). Lacoste owned this mark as a result of an assignment to it from a Crocodile company many years ago. Lacoste had never used the trade mark in this form, and had never used any trade mark including the word crocodile.

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  • First case on Market Manipulation decided in New Zealand

    NEW ZEALAND
    Capital markets

    Matters to which court will have regard in determining whether manipulation has occurred
    The High Court (Court) decision in Financial Markets Authority v Warminger is being read with interest by capital market participants as the first case on market manipulation decided in New Zealand. The Court found that Mr Warminger acted in a way that gave or was likely to give a false appearance of trading in 2 of 10 claims made by the Financial Markets Authority (FMA). Market manipulation through trading (as opposed to where false or misleading information is disseminated about a security so that a trader can take advantage of an artificially high or low price) can take many forms, including trading where there is no change in beneficial ownership, placing contemporaneous buy and sell orders to create a misleading appearance of trading (matched orders or wash sales), marking the close by trading at close of the market to affect the price, or repeatedly buying at a higher price to induce others to bid more (upticking).

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (29 March 2017)
  • ACT 50
    Medical Act 1971
  • Latest Revoked (16 March 2017)
  • PU(A) 155/1991
    Prohibition Against Spitting (Federal Territory of Kuala Lumpur) By-Laws 1991



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