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Case Highlights
BANKRUPTCYFraudulent debtor - Punishment - Guarantor for loan facility while being an undischarged bankrupt - Bankruptcy order - Annulment of - Whether annulment of bankruptcy order puts respondent in position as if there was no adjudication - Effect of - Whether respondent informed bank that he was an undischarged bankrupt before being a guarantor - Bankruptcy Act 1967, s. 109(1)(m)(ii)
PP v. Dato´ Suhaili Abdul Rahman(Raus Sharif FCJ, Sulong Matjeraie, Mohamed Apandi Ali JJCA) [2012] 1 CLJ 301 [CA] ARBITRATIONArbitration clause - Construction of - Plaintiff sought to register and enforce Russian arbitration award against Malaysian defendant - Defendant alleged arbitral procedure in contract not followed - Arbitration clause enabled defendant to file claim in Ukraine tribunal and plaintiff to file in Russian tribunal - Defendant first to file for arbitration - Whether this ousted plaintiff&acuts right to file claim in Moscow tribunal - Whether subject matter before each tribunal different - Whether against public policy to enforce award - Arbitration Act 2005, ss. 38 & 39
Open Type Joint Stock Company Efirnoye (´Efko´) v. Alfa Trading Ltd(Nallini Pathmanathan J) [2012] 1 CLJ 323 [HC]
Article
Computing Professionals Bill 2011 – Ambiguity, Arbitrariness and
Uncertainty
(Used with permission) by Foong Cheng Leong & Joachim Leong
There has been a public outcry on the
Computing Professionals Bill. Some of the fears are unfounded while others,
quite genuine. Foong Cheng Leong, an IT lawyer and Joachim Leong,
a non-practicing lawyer cum Consultant for Denning IT dissect the Bill. In their
views, the main concerns lie at how the Critical National Information
Infrastructure (CNII) is being widely and ambiguously defined, the powers the
Ministry of Science, Technology and Innovation (MOSTI) has over the Computing
Professionals Board, the need for government regulation in the information
technology industry and its implications on the public at large.
INTRODUCTION by Sundra Rajoo, Director, Kuala Lumpur Regional Centre for Arbitration
(Extract from The Asia-Pacific Arbitration Review 2012. Used with kind permission of the Global Arbitration Review)
Arbitral practice in 2011 continued its march towards universal application. The main reason behind the rise and popularity of the alternative dispute resolution process with the ability to transcend national boundaries lies with enforcement efficacy enabled by the New York Convention, parties having autonomy on the procedures and the choice of arbitrator, reduced interference and influences from the government, judiciary and political will of a particular nation and numerous other positive attributes including confidentiality.
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CASE OF THE WEEK
LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA v. AZIMUDDIN AB GHANI & ORS
HIGH COURT MALAYA, KUALA LUMPUR
LEE SWEE SENG JC
[CIVIL SUIT NO: S-21-2-2006]
10 MARCH 2011
COMPANY LAW: Directors - Personal liability - Whether directors of company jointly and severally liable for EPF contributions due and payable - Company under scheme of rearrangement under s. 176(1) of Companies Act 1965 - Whether s. 46 of Employees Provident Fund Act 1991 unconstitutional
PROVIDENT FUND: Arrears of contribution - Recovery of arrears of EPF contributions - Whether directors of company jointly and severally liable for EPF contributions due and payable - Company under scheme of rearrangement under s. 176(1) of Companies Act 1965 - Whether EPF officer concerned duly authorised to certify amount outstanding and to commence action - Employees Provident Fund Act 1991, ss. 46 & 64
PROVIDENT FUND: Liability of employer - Directors of company - Whether directors of company jointly and severally liable for EPF contributions due and payable - Company under scheme of rearrangement under s. 176(1) of Companies Act 1965 - Whether s. 46 of Employees Provident Fund Act 1991 unconstitutional
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Industrial Law Resources
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