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    CASE(S) OF THE WEEK

  • TALAM CORPORATION BHD & ANOR v. BANGKOK BANK BHD & ANOR [2017] 2 CLJ 365
    COURT OF APPEAL, PUTRAJAYA
    HAMID SULTAN ABU BACKER JCA, PRASAD SANDOSHAM ABRAHAM JCA, ASMABI MOHAMAD JCA
    [CIVIL APPEAL NO: B-02(W)-1890-11-2015]
    22 AUGUST 2016

    LAND LAW: Charge - Sale of land - Default in repayment of banking facility - Public auction of charged property by order of court - Whether bank aware of alternative proposal to redeem charged property at higher price - Whether bank obtained best possible price - Whether conduct of sale within purview of court and not bank - Whether bank complied with relevant provisions of National Land Code and acted in good faith - National Land Code, s. 257(d)

    LAND LAW: Charge - Equity of redemption - Doctrine of - Whether has no place in Torrens System Land Code - Whether chargor's right to redeem charged property was preserved - Whether untenable to import doctrine into NLC

    TORT: Duty of care - Breach - Default in repayment of banking facility - Public auction of charged property by order of court - Whether bank owed duty of care to chargor - Whether judicial sale within purview of court and not bank - Whether bank obtained best possible price - Whether bank complied with relevant provisions of National Land Code and acted in good faith - National Land Code, s. 257(d)

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  • ARTICLE HIGHLIGHT

    Federal Court sheds light on the distinction between ‘recall to duty’ and ‘overtime’

    AUSTRALIA
    Employment
    When recall to duty becomes ‘overtime’
    The Federal Court has provided guidance about when recall to duty becomes ‘overtime’. This is increasingly becoming an issue for employers due to flexibility in working arrangements and employees working outside of ‘normal’ hours and workplaces. In Polan v Goulburn Valley Health (No 2) [2017] FCA 30, the Federal Court was required to determine the quantum of an employee’s underpayment of wages claim. The claim was based on the performance of on-call duties outside her ordinary hours of work between 2006 and 2012.

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  • FWC finds redundancies not genuine; reinstates four workers

    AUSTRALIA
    Employment
    Employees reinstated as dismissals found to be harsh, unreasonable and unjust
    The Fair Work Commission has confirmed its approach to deciding whether a dismissal is a genuine redundancy within the meaning of section 389 of the Fair Work Act 2009 (Cth) (FWA). In Paul Williams and Ors v Staples Pty Ltd [2017] FWC 607, four employees were reinstated when the Fair Work Commission found their dismissals were not genuine redundancies under section 389. The dismissals were found to be harsh, unreasonable and unjust.

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  • 'Self-employed' plumber had rights as 'worker', but not employee, appeal court rules

    UK
    Employment
    Plumber entitled to basic rights even though technically self-employed
    A purportedly self-employed plumber engaged through a London-based firm was a 'worker', entitled to paid holiday rights and the right to bring a claim for disability discrimination, the Court of Appeal has ruled.The court upheld an employment tribunal claim brought by Gary Smith, who had been dismissed by Pimlico Plumbers following a heart attack in January 2011. The tribunal had rejected an unfair dismissal claim brought by Smith, as he did not have the status of 'employee'.

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  • Insurance coverage: is there a double duty on insureds in notifying claims to insurers?

    UK
    Insurance
    Insurer could not rely on notification condition precedent to avoid liability
    One of the early issues insurers address when they are notified of a claim is the extent to which there are grounds for avoidance arising from failure by insureds to comply with notification provisions in the policy. In Maccaferri Limited v Zurich Insurance Plc [2017] EWCA 1302 the Court of Appeal undertook a useful analysis of notification conditions common to professional indemnity policies. The decision serves as a reminder that there is a body of case law centred on the nuance of phrases applied in such policies which can have a fundamental impact on obligations the courts will impose on insureds.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (27 February 2017)
  • ACT 149
    Pesticides Act 1974
  • Latest Revoked (09 November 2016)
  • PU(B) 27/2015
    Appointment and Revocation of Appointment of Registrar of Credit Reporting Agencies



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