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CASE(S) OF THE WEEK

EVEREST POINT SDN BHD & ANOR v. LIM PECK SIM & ORS [2017] 7 CLJ 401
FEDERAL COURT, PUTRAJAYA
MD RAUS SHARIF PCA, RICHARD MALANJUM CJ (SABAH & SARAWAK), HASAN LAH FCJ, RAMLY ALI FCJ, ZAHARAH IBRAHIM FCJ
[CIVIL APPEAL NO: 02(f)-33-04-2015(W)]
24 MAY 2017

CONTRACT: Building contract – Sale and purchase agreement – Delay in completion – Damages – Liquidated ascertained damages ('LAD') – Cut-off date for calculation of LAD – Whether on date purchaser notified of issuance of Certificate of Fitness for Occupation – Whether on date when purchaser took actual possession of apartment unit

LAND LAW: Housing developers – Delay in completion – Damages for late delivery – Liquidated ascertained damages ('LAD') – Time when vacant possession deemed delivered – Cut-off date for computation of LAD – Whether on date purchaser notified of issuance of Certificate of Fitness for Occupation – Whether on date when purchaser took actual possession of apartment unit

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CASE(S) HIGHLIGHT

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.

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ARTICLE HIGHLIGHT

Is the other shoe about to drop for Crocs?

US
Retail
Design patent for Crocs' famous moulded plastic clogs ruled invalid
Crocs' feet are being held to the fire. The U.S. Patent and Trademark Office (USPTO) has ruled that the design patent for the shoe maker's famous molded plastic clogs is invalid, according to Footwear News. The decision was lauded by rival U.S.A. Dawgs, which had challenged the patent and is also embroiled in legal fights with Crocs (CROX) over advertising complaints and alleged corporate sabotage.

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Employee uses deficient drafting to defeat non-compete clause

UK
Employment
Drafting of non-compete restrictive covenant was deficient
Mary-Caroline Tillman was a highly successful executive search agent, rising swiftly through the ranks at Egon Zehnder Ltd (EZ) following her move into recruitment from her early career in investment banking. First hired in 2004 as a consultant, she was promoted to principal then partner by 2009 (although she was legally an employee throughout), becoming Co-Global Head of the Financial Services Group in 2012.

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Security for costs and property of the company – what’s available in the winding up?

AUSTRALIA
Insolvency
What will be considered available in winding up as 'property of the company'
This week’s TGIF considers the decision of EH 2015 Pty Ltd (in liq) v Caratti (No 3) [2017] WASC 210 which concerned the rights of a liquidator to funds paid into court as security by a company which subsequently became insolvent. What happened? On 20 January 2016, a liquidator was appointed to a trustee company pursuant to an order of the Federal Court.

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Woolworths worker wins more than $230k in compensation appeal case

AUSTRALIA
Employment
Woolworths to pay ex-worker A$230k in landmark compensation case
A Brisbane supermarket worker who says he felt forced to skimp on safety to lift 2,100 heavy cartons a day has been awarded compensation for an ongoing injury in a landmark Court of Appeal case in Brisbane. Supermarket giant Woolworths has been ordered to pay its former picker Berhane Ghebreigziabiher Berhane $231,211.45, after an appeal judge found Woolworths' demands on its Queensland distribution centre workers breached safety laws and aggravated the onset of a shoulder injury.

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The Insurer gives and the Insurer takes away

AUSTRALIA
Insurance
How the courts will consider policies in their entirety to interpret individual clauses
A recent judgment from the New South Wales Court of Appeal[1] considers the interrelationship between the insuring clause and an exclusion in a professional indemnity insurance policy and provides some practical guidance on the construction of policy wordings.

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Supreme Court decides on Højgaard v E.On

UK
Construction
Not a simple job to determine what a contractor has in fact agreed to
Design obligations - When is a slender thread strong enough? The Supreme Court has today handed down its decision in the case of MT Højgaard A/S v E.On Climate & Renewables UK Robin Rigg East Limited [2015] UKSC 59. The case is about the design of Scotland's first commercial offshore wind farm (Robin Rigg) and in particular who is liable for c. €26.25 million in remedial costs caused by a defective design to the wind turbine bases.

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