GIGA ENGINEERING & CONSTRUCTION SDN BHD v. YIP CHEE SENG & SONS SDN BHD & ANOR  9 CLJ 537
FEDERAL COURT, PUTRAJAYA
RAUS SHARIF PCA, ZULKEFLI AHMAD MAKINUDIN CJ (MALAYA), RICHARD MALANJUM CJ (SABAH & SARAWAK), ABDULL HAMID EMBONG FCJ, JEFFREY TAN FCJ
[CIVIL APPEAL NO: 02(f)-83-12-2013 (W)]
27 OCTOBER 2015
CIVIL PROCEDURE: Pleadings - Evidence - Companies and corporations - Lifting of corporate veil - Allegation that contractual obligations avoided due to controlling position of common/connected officers and shareholders in management of companies - Whether companies were 'single' entity - Whether there was evidence of abuse, fraud or any special circumstances by companies to justify lifting of corporate veil
COMPANY LAW: Lifting of corporate veil - Dispute arising from failure of joint venture of companies to award subcontract works - Allegation that contractual obligations avoided due to controlling position of common/connected officers and shareholders in management of companies - Whether companies were 'single' entity - Whether there was basis for lifting of corporate veil - Whether there was abuse by companies - Concept of corporate separate entities - Whether failure to award subcontract works resulted from manipulation or abuse of 'single' entity - Whether there was evidence of fraud or any special circumstances to justify lifting of corporate veil
CONTRACT: Breach - Agreement - Pre-tender agreement - Plaintiff to be awarded subcontract works if defendants secured main subcontract works for project with another party - Clause in agreement stipulated that joint venture becomes void if first defendant fails to secure main subcontract works - First defendant failed to secure main subcontract works - Whether defendants in breach of joint venture by failing and/or refusing to award plaintiff's portion - Whether joint venture existed
MKINI DOTCOM SDN BHD & ORS v. CHIEF JUDGE OF MALAYA & ORS  9 CLJ 459
HIGH COURT MALAYA, KUALA LUMPUR
ASMABI MOHAMAD J
[JUDICIAL REVIEW NO: 25-164-06-2015]
3 AUGUST 2015
ADMINISTRATIVE LAW: Judicial review - Application for - Distribution of business among judges - Powers conferred to Chief Judge of Malaya pursuant to s. 20 of Courts of Judicature Act 1964 ('CJA') - Whether directives given by Chief Judge of Malaya under s. 20 of CJA open to challenge - Whether applicants' application for judicial review was frivolous, vexatious and filed out of time - Whether applicants had liberty to apply for recusal against assigned judge
FULIJAYA MANUFACTURING SDN BHD lwn. UNIVERSITI SAINS MALAYSIA  2 SMC 16
MAHKAMAH SESYEN, BUTTERWORTH
ROSLAN HAMID HS
[SAMAN NO: 52-2289-10-2011]
30 MAC 2015
KONTRAK: Pembentukan - Tiada kontrak bertulis ditandatangani - Perkhidmatan untuk menghasilkan contoh berus gigi ciptaan baru - Tuntutan bayaran bagi perkhidmatan yang diberikan atas pesanan dan permintaan defendan - Sama ada deraf perjanjian dipinda oleh plaintif - Sama ada plaintif menarik diri sebelum perjanjian ditandatangani - Sama ada plaintif tidak akan mengenakan bayaran bagi kerja-kerja yang dibuat sekiranya plaintif diberi hak pengkomersilan berus gigi - Sama ada barangan yang dinyatakan dalam invois dibekalkan kepada defendan - Sama ada kontrak wujud di antara pihak-pihak
Uber rape case: Cab driver Shiv Kumar Yadav found guilty, faces life imprisonment
More than 10 months after a 25-year-old woman was raped and sexually assaulted inside a radio taxi in the national capital, a fast-track court in Delhi Tuesday convicted cab driver Shiv Kumar Yadav, holding him guilty on charges of rape and endangering the life of the victim. Yadav, a former driver of Uber taxi service, faces a maximum punishment of life imprisonment.
Chevron loses long-running battle with ATO, faces multimillion-dollar tax bill
Oil giant Chevron loses landmark profit-shifting case
Multinational oil giant Chevron has been hit with a tax bill of about $300 million after losing a landmark profit-shifting case that could have global implications for the way tax is assessed. The Australian Tax Office's case in the Federal Court case has been closely watched by the tax and business community, and will give the ATO greater confidence to challenge other multinationals about their tax affairs.
Fatty agreements are to be avoided
Aspirational statements should not be in an agreement
Interpreting a clause in an employment contract or enterprise agreement should be a straight forward exercise for the parties who drafted or negotiated it. Unfortunately, many agreements are not drafted with clarity and precision and do not reflect a true meeting of minds. To settle a dispute with a union or to give a good impression to a prospective employee, words of comfort are included in agreements. To cover different permutations that may arise, more detail is included in the agreement. Sometimes, there is more than one drafter having input into the document. The output may be a dog's breakfast or less than ideal.
Trade Marks - Parallel Imports: When is an import not a parallel?
Importer not permitted to re-brand medicinal product when importing it into UK
The High Court of England and Wales has ruled, in parallel import case Flynn Pharma v Drugsrus, that the importer was not permitted to re-brand a medicinal product from 'Epanutin' (Pfizer) to 'Phenytoin Sodium Flynn' when importing it into the UK. The UK marketing authorisation had been sold to a third party (Flynn), who had no control over product placed on the market elsewhere in the EU.
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