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    CASE(S) OF THE WEEK

  • DIRECTOR OF FORESTS, SARAWAK & ANOR v. RACHA URUD & ORS AND OTHER APPEALS [2017] 5 CLJ 389
    FEDERAL COURT, PUTRAJAYA
    ARIFIN ZAKARIA CJ, HASAN LAH FCJ, ABU SAMAH NORDIN FCJ, AZAHAR MOHAMED FCJ, BALIA YUSOF WAHI FCJ
    [CIVIL APPEALS No: 01-29-04-2015(Q), 01-28-04-2015(Q), 01-38-04-2015(Q),01-39-06-2015(Q) & 01-43-06-2015(Q)]
    15 MARCH 2017

    LAND LAW: Customary land – Native customary rights – Basis for rights and claims – Whether based on continuous occupation of land – Whether concept of continuous occupation an integral feature of native customary rights in Sarawak

    LAND LAW: Customary land – Native customary rights – Abandonment of rights – Plaintiffs left ancestral lands and migrated to new settlement – No evidence of plaintiffs returning to lands after resettlement – Whether there was 'non-user' and abandonment of land

    LAND LAW: Customary land – Native customary rights, claim for – Limitation – Logging activities on purported customary lands – Action filed 40 years after plaintiffs left ancestral lands and resettled elsewhere and 20 years after logging activities on land – Whether rights to land abandoned – Whether action time-barred – Public Authorities Protection Act 1948, s. 2 – Limitation Ordinance (Cap 49) Sarawak, item 96

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  • GHAZALI MAT & YANG LAIN lwn. PENGARAH TANAH DAN GALIAN NEGERI TERENGGANU & SATU LAGI [2017] 5 CLJ 265
    MAHKAMAH RAYUAN, PUTRAJAYA
    MOHD ZAWAWI SALLEH HMR; VERNON ONG LAM KIAT HMR; ABDUL RAHMAN SEBLI HMR
    [RAYUAN SIVIL NO: T-01(NCVC)(W)-287-08-2015]
    12 JANUARI 2017

    UNDANG-UNDANG TANAH: Hak milik – Pemberi milikan Tanah Kerajaan Negeri – Plaintif-plaintif dipilih menyertai rancangan penempatan berkelompok yang dimajukan dan ditadbir Felcra – Plaintif-plaintif diberi tanah untuk penanaman kelapa sawit – Plaintif-plaintif diberi tanah di rancangan lain sebagai ganti tanah rancangan asal bagi membolehkan penanaman semula – Sama ada plaintif-plaintif mempunyai hak atas tanah Kerajaan yang diwartakan sebagai Rancangan Pembangunan Persekutuan – Sama ada Majlis Mesyuarat Kerajaan Negeri mempunyai kuasa tersirat membatalkan pemberian hak milik – Sama ada plaintif-plaintif berhak diberi peluang untuk representasi dan didengar sebelum keputusan dibuat – Akta Tanah (Kawasan Penempatan Berkelompok) 1960, ss. 10(1)(b), 12 

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  • ARTICLE HIGHLIGHT

    Teachers win Supreme Court case in landmark ruling over 'unfair' pay deductions

    UK
    Education
    Supreme Court rules in favour of teachers at King Edward VI College
    A group of teachers have won a “landmark victory” against their employer, after having too much pay deducted from their annual salaries. The Supreme Court decision follows a lengthy legal battle involving three teachers at King Edward VI College in Stourbridge, who took part in a union-led strike in 2011 over changes to public sector pensions.

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  • Franchisee fraud: 7-Eleven validly terminates franchise agreement

    AUSTRALIA
    Franchising
    7 Eleven not required to prove fraudulent conduct in order to validly terminate franchise agreement
    The Supreme Court of New South Wales has recently held that 7-Eleven was lawfully entitled to terminate a franchisee for fraud in circumstances where the franchisee had been exploiting its workers through an illegal cash-back arrangement. This is a momentous case, as it is the first significant Court decision to confirm that certain types of worker exploitation can constitute fraudulent conduct under the Franchising Code of Conduct which (for most systems) will permit them to immediately terminate the agreements of fraudulent franchisees.

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  • Supreme Court: higher ranked creditors' right to interest out-ranks subordinated creditors' claims

    UK
    Insolvency
    Statutory interest and non-provable liabilities have priority over subordinated debt
    The Supreme Court has ruled on a number of legal issues stemming from the 2008 collapse of the Lehman Brothers group. The administrators of Lehman's European arm, Lehman Brothers International (Europe) (LBIE), made sufficient recoveries to be able to repay all its unsecured creditors in full. However, various groups of creditors claim to be entitled to payments from the surplus.

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  • Burkini and Bio-Oil battles result in award of additional damages

    AUSTRALIA
    Intellectual property
    Award of damages for lost reputation more likely where product complained of is counterfeit
    Australian courts have shown an increased willingness to award additional damages in the context of intellectual property infringement. Two recent decisions in particular have dealt with the award of damages in the context of design, copyright and trade mark infringement. 

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  • Not cleared for take-off – High Court redefines agency relationships

    AUSTRALIA
    Competition
    Flight Centre case significantly resets parameters for agency relationships
    The High Court of Australia recently handed down its highly anticipated decision in Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd [2016] HCA 49. A key finding by the Court, in reaching its decision that Flight Centre had breached section 45 of the Trade Practices Act 1974 (“the Act”) (now, section 45 of the Competition and Consumer Act 2010), was that Flight Centre was in competition with the airlines it was contracted to sell airline tickets on behalf of. This case significantly resets the parameters for agency relationships in Australia.

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  • 'Who the f--- do you think you are' - census spray at ABS ends in sacking

    AUSTRALIA
    Employment
    Varsity within right to dismiss staff member who sent aggressive emails to senior statistician
    An expletive laden email tirade over last year's ill-fated census directed at the boss of the Australian Bureau of Statistics has cost a university employee his job. The Murdoch University employee wrote to ABS Australian statistician David Kalisch in August of last year complaining about the controversial move to store data from the census.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (24 May 2017)
  • ACT 469
    Optical Act 1991
    PU(A) 346/2016
    Income Tax (Exemption) (No. 12) Order 2016
  • Latest Revoked (11 May 2017)
  • PU(A) 134/2017
    Price Control and Anti-Profiteering (Determination of Maximum Retail Price For Petrol and Diesel) (No. 6) Order 2017




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