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    CASE(S) OF THE WEEK

  • DATO' SUKRI HJ MOHAMED v. WAN MUHAMMAD AZRI WAN DERIS [2016] 4 CLJ 654
    COURT OF APPEAL, PUTRAJAYA
    ABDUL AZIZ ABDUL RAHIM JCA, TENGKU MAIMUN TUAN MAT JCA, ABANG ISKANDAR JCA
    [CIVIL APPEAL NO: D-02(NCVC)(W)-783-05-2014]
    8 MARCH 2016

    TORT: Defamation - Defamatory statements - Publication of defamatory articles on blog - Whether respondent's identity as blogger proved - Whether statements in blog referred to appellant - Whether statements in articles defamatory in nature - Whether defence of qualified privilege, justification and fair comment established

    EVIDENCE: Witness - Witness statement - Oral testimony - Failure to provide documentary evidence in support of oral testimony - Whether rendered oral evidence of witness not be believed - Whether trial judge failed to consider ss. 59 and 60 of Evidence Act 1950

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  • ROSLEE JALAL v. ZAINAL ABIDIN ABDULLAH [2016] 4 CLJ 909
    HIGH COURT MALAYA, IPOH
    HAYATUL AKMAL ABDUL AZIZ JC
    [ORIGINATING SUMMONS NO: 24NCVC-278-06-2015]
    28 MARCH 2016

    LAND LAW: Caveats - Competing caveats - Removal - Sale of property - Sale and purchase agreements with two purchasers on different occasions - Purchasers entered caveats resulting in competing caveats - Priority over property - Whether applicant was aggrieved party - Whether applicant had caveatable interest - Determination of which private caveat should be removed - National Land Code, s. 327

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  • ARTICLE HIGHLIGHT

    Out of Bounds on the Full for Hird? An important case on defence costs coverage in regulatory actions

    AUSTRALIA
    Insurance

    Insured failed to establish right to indemnification under policy
    James Hird was on the losing end of a Supreme Court of Victoria proceeding against Chubb Insurance Company of Australia Ltd this week, where he sought indemnification of legal costs (of around $692,000) under a D&O liability policy.

    Read more Judgment




  • "Venting" on Facebook Leads to $65,000 Defamation Judgment and Liability for 3rd Party Comments

    CANADA
    Tort

    Monetary compensation in response to potentially devastating impact of online defamation
    Given the increasingly ubiquitous nature of social media platforms and their increasing role as the communication methods of choice for many, it is perhaps unsurprising that some of the more interesting developments in the law of defamation are emerging from this space.

    Read more Judgment




  • Don’t be so thinned-skinned: not all social media posts lead to dismissal

    Employment
    Dealing with social media misuse
    Imagine openly calling clients “spastics and junkies”. What about calling work colleagues “utterly useless people”? What if you described business processes as “utterly disgraceful” and said you are “embarrassed to work” in your employer’s business? Would you expect to keep your job? Mr Starr made such remarks, and many more, on social media and lost his job. Mr Starr challenged his dismissal. The Fair Work Commission found Mr Starr’s dismissal to be unfair and he won his job back (Starr v Department of Human Services [2016] FWC 1460).

    Read more Judgment




  • US court rules Amazon liable for kids' app charges

    Online giant Amazon must pay damages to consumers billed for app purchases by children on its tablets, a federal court has ruled, in a win for US regulators. The US Federal Trade Commission said Wednesday the court backed its lawsuit, which argued that Amazon failed to get consent from parents whose children made in-app purchases on the Kindle and Fire tablets, sometimes racking up huge bills.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (18 May 2016)
  • ACT 50
    Medical Act 1971
  • Latest Revoked (11 May 2016)
  • PU(B) 168/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 15)
    PU(B) 167/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 14)
    PU(B) 164/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 11)
    PU(B) 163/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 10)
    PU(B) 162/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 9)
    PU(B) 161/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 8)
    PU(B) 160/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 7)
    PU(B) 159/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 6)
    PU(B) 158/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 5)
    PU(B) 157/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 4)
    PU(B) 156/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 3)
    PU(B) 155/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 2)
    PU(B) 154/2013
    Polling Districts, Polling Centres and Polling Hours (Amendment)




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