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    CASE(S) OF THE WEEK

  • PP v. TAIKO FERTILISER & ORS [2017] 5 CLJ 209
    HIGH COURT, JOHOR BAHRU
    MOHD SOFIAN RAZAK J
    [CRIMINAL APPLICATION NO: 44-15-05-2015]
    26 JANUARY 2017

    CRIMINAL LAW: Money laundering – Offences – Application for forfeiture – Seizure of vehicles and monies in bank accounts – Whether proven subject matter of offence under s. 4(1) Anti-Money Laundering, Anti-Terrorism Financing And Proceeds of Unlawful Activities Act 2001 (AMLATFA) – Whether there was evidence to show involvement in any smuggling activities – Whether properties seized and frozen a result of illegal activity – Whether monies and vehicles seized should be forfeited under s. 56(1) AMLATFA – Customs Act 1967, s. 135(1)(g)

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  • ARTICLE HIGHLIGHT

    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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  • Supreme Court overturns ruling on assessment of damages in accountants' negligence case

    UK
    Professional negligence
    Investors, lenders should give careful consideration to consequences of restructuring or refinancing
    The Supreme Court has ruled that, where loans made to a company on the basis of a firm of accountants’ negligent due diligence report had been repaid by the company using money borrowed from the lender’s owner, neither the lender nor its owner could claim against the accountant for loss of the loan funds. The lender had suffered no loss (as it had been repaid); and the accountant owed no duty to the lender’s owner.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (22 May 2017)
  • ACT 71
    Weights and Measures Act 1972
  • 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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