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    CASE(S) OF THE WEEK

  • AHMAD NORIZAN MOHAMAD v. PP [2017] 10 CLJ 599
    COURT OF APPEAL, PUTRAJAYA
    MOHTARUDIN BAKI JCA, HARMINDAR SINGH DHALIWAL JCA, AB KARIM AB JALIL JCA
    [CRIMINAL APPEAL NO: M-05(M)-7-01-2016]
    05 JUNE 2017

    CRIMINAL LAW: Dangerous Drugs Act 1952 – Sections 39B(1)(a) – Trafficking in cannabis – Section 39A(2) and s. 6 – Possession of cannabis – Conviction and sentence – Appeal against – Trial judge’s cross-examination of accused – Whether trial judge gone beyond ambit of s. 165 of Evidence Act 1950 – Whether resulted in miscarriage of justice against accused – Whether accused prejudiced – Whether conviction safe

    CRIMINAL PROCEDURE: Appeal – Conviction and sentence – Appeal against – Accused charged for trafficking and possession of cannabis – Trial judge’s cross-examination of accused – Whether trial judge gone beyond ambit of s. 165 of Evidence Act 1950 – Whether resulted in miscarriage of justice against accused – Whether accused prejudiced – Whether conviction safe

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  • ARTICLE HIGHLIGHT

    Suspension? Investigation? Leading to termination? All within the implied right to issue lawful and reasonable directions???

    AUSTRALIA
    Employment
    Employer's right to issue lawful and reasonable directions can be powerful tool in managing allegations of misconduct
    In considering the breakdown of the employment relationship between a dental clinic operator, Railway & Transport Health Fund Ltd (RTHF), and one of its principal dentists, Dr Avenia, the Federal Court confirmed that the implied right of an employer to issue lawful and reasonable directions to employees will, in appropriate circumstances, extend to the suspension of employees and the conducting of investigations into allegations of misconduct in the absence of any express contractual right to do so.

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  • Directors' private information safe from liquidators

    NEW ZEALAND
    Insolvency
    Liquidators cannot examine directors' private financial info to decide whether to pursue litigation
    The liquidators applied to the Court for an order requiring a director to provide personal tax returns, bank statements, loan documents, a list of assets, and trust information so that they could assess the potential financial benefit of pursuing the director for an alleged breach of directors’ duties.

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  • Insurers not entitled to a lien over litigation proceeds of a foreign insolvent company

    UK
    Insurance
    Courts reluctant to extend common law or equitable lien in absence of clear legislative intent
    The High Court has held that insurers who had facilitated litigation proceedings by an insolvent company were not entitled to a lien akin to a solicitor’s common law or equitable lien over the proceeds of the litigation to recover the deferred premium.

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  • Lego Wins Its First Copyright Court Case in China Against Bela

    Asia
    Intellectual property
    Danish toymaker Lego wins first copyright court case in China
    The China Shantou Intermediate People’s Court has ruled that products under the name Bela, sold by two Chinese companies, infringed upon Lego’s copyrights, the building block maker said in a statement Thursday. The ruling was made in September, but the appeal window only ended last month, Lego said.

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  • Shipper cleared of trademark infringement

    Singapore
    Intellectual property
    Freight forwarder involved in shipping fake goods not liable for trademark infringement
    The companies behind glitzy brand names such as Louis Vuitton, Gucci, Burberry and Hermes have failed in their lawsuits against a Singapore freight forwarder involved in shipping fake goods from China via Singapore to Batam. The goods could have fetched over $1 million.

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  • Competitor ordered to pay over $6 million in profits in respect of their employees' breaches of duties to a former employer

    AUSTRALIA
    Employment
    Different ways in which companies can recover damages for breaches of duties by ex-employees
    In a recent decision, a funeral fund, Lifeplan Australia Friendly Society Ltd (Lifeplan), successfully brought claims against two of its former employees for using confidential information they took during their employment and disclosing it to a competitor. The Full Court of the Federal Court of Australia (Full Court) found that the senior managers of Lifeplan, Mr Woff and Mr Corby, breached their fiduciary obligations, including obligations under the Corporations Act 2001 (Cth) (Corporations Act), by using Lifeplan's confidential documents to create a business plan aimed to directly compete with the business of Lifeplan. They then disclosed that business plan to a competitor, the Ancient Order of Foresters in Victoria Friendly Society Limited (Foresters), which subsequently became their employer.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (15 December 2017)
  • PU(A) 472/1990
    National Registration Regulations 1990
    PU(A) 220/2014
    National Land Code (Modification) Order 2014
    PU(A) 204/1997
    National Land Code (Modification) Order 1997
    PU(A) 210/1994
    Optical Regulations 1994
    ACT 318
    Strata Titles Act 1985
    ACT 599
    Consumer Protection Act 1999
    ACT 486
    Land Acquisition Act 1960 (Revised 1992)
    ACT 486
    Land Acquisition Act 1960 (Revised 1992)
    ACT 297
    Prevention of Crime Act 1959 (Revised 1983)
    ACT 297
    Prevention of Crime Act 1959 (Revised 1983)
    ACT 297
    Prevention of Crime Act 1959 (Revised 1983)
  • Latest Revoked (07 November 2017)
  • PU(A) 161/2017
    Co-operative Societies (Assumption of Control) (Appointment) Order 2017




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