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    CASE(S) OF THE WEEK

  • TENG CHANG KHIM v. BADRUL HISHAM ABDULLAH & ANOR [2017] 9 CLJ 630
    FEDERAL COURT, PUTRAJAYA
    MD RAUS SHARIF CJ, SURIYADI HALIM OMAR FCJ, AHMAD MAAROP FCJ, ZAINUN ALI FCJ, ABU SAMAH NORDIN FCJ
    [CIVIL APPEAL NO: 01(F)-26-08-2016(B)]
    28 AUGUST 2017

    ADMINISTRATIVE LAW: Judicial proceedings – Judicial proceedings against Speaker of State Legislative Assembly – Member of State Legislative Assembly absent from State Legislative Assembly meetings for six months without leave of Speaker – Speaker declared member’s seat vacant – Speaker explained decision and declaration in press conference outside State Legislative Assembly proceedings – Whether declaration amenable to judicial proceedings – Whether Speaker’s act in making declaration part of proceedings of State Legislative Assembly even if made during press conference – Constitution of the State of Selangor 1959, arts. 69 & 77 – Federal Constitution, art. 72(1)

    CONSTITUTIONAL LAW: Parliament – Privileges and immunities – Member of State Legislative Assembly absent from State Legislative Assembly meetings for six months without leave of Speaker – Speaker rejected member’s application for leave and declared member’s seat vacant – Member initiated judicial proceedings against Speaker – Whether Speaker immune from being challenged in court – Whether enjoyed constitutional privilege and protection – Constitution of the State of Selangor 1959, arts. 69 & 77 – Federal Constitution, art. 72(1)

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  • ARTICLE HIGHLIGHT

    Patent revocation: Practice is not what it seems

    Singapore
    Intellectual property
    First time specific question of whether HC may hear revocation proceedings directly ruled upon
    In Singapore, the current practice suggests that the High Court has original jurisdiction to revoke a patent. However such a practice is not established at law, rules the Singapore High Court in Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others [2017] SGHC 232. This landmark case is the first time in Singapore that the specific question of whether the High Court may hear...

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  • Landmark High Court ruling spells ‘death knell’ of pre-nuptial agreements in Australia, experts say

    AUSTRALIA
    Family law
    Landmark ruling spells 'death knell' of pre-nuptial agreements
    IN 2005, Kanye West delivered some sage advice to all wealthy men thinking of entering into marriage with money-hungry women, disparagingly referred to as “gold diggers”. If you “ain’t no punk”, the rapper warned, “holla we want prenup”. A pre-nuptial agreement is “something that you need to have”, according to Kanye, because when she “leave yo’ ass”, she is going to “leave with half”.

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  • Hong Kong: Who owns employees’ work product

    Hong Kong
    Intellectual property
    Employees instructed to sign patent over to former employer
    The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how the law can protect an employer’s rights in respect of such intellectual property from misappropriation by an employee after the employment relationship ends.

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  • Leave to proceed against a company in liquidation

    Australia
    Insolvency
    Factors considered when granting leave to proceed against a company in liquidation
    The recent Federal Court decision of Harcourts WA Pty Ltd v Roy Weston Nominees Pty Ltd (No 7)1 (Harcourts), reiterates the factors considered by the Court when seeking leave to proceed against a company in liquidation. Whether a court will grant leave to proceed is a question of discretion and so cases like Harcourts provide illumination on what factors tend to be either favourable or unfavourable for leave to be granted.

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  • Stephenson Harwood secures Supreme Court victory in landmark general average case

    UK
    Shipping
    Vessel's operating expenses incurred during ransom negotiation period were allowable
    Law firm Stephenson Harwood LLP has represented the successful shipowners, in a claim arising from the seizure of the MV Longchamp by Somali pirates. The case, Mitsui & Co Ltd v Beteiligungsgesselschaft LPG Tankerflotte MBH & Co KG, saw the Supreme Court overturn a Court of Appeal decision and restore the original High Court decision.

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  • Court Limits Australia's Jurisdiction to Assist International Arbitrations

    AUSTRALIA
    Arbitration
    Australia does not have jurisdiction to issue subpoenas for foreign-seated arbitrations
    A recent decision in the Federal Court of Australia (Samsung C&T Corporation, in the matter of Samsung C&T Corporation [2017] FCA 1169) calls into question the capacity of Australian courts to issue subpoenas in respect of arbitration proceedings seated outside Australia.

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  • Trust dispute no bar to arbitration

    AUSTRALIA
    Arbitration

    Adopt broad, liberal and flexible approach in construing arbitration agreements
    The plaintiffs (the Growers), comprised 47 grain growers in WA. They commenced proceedings in the Supreme Court of Western Australia in connection with contracts between each of them and the defendant (Emerald) in relation to the placement of grain produced by the Growers into a pool of grain held by and sold by Emerald. The precise characterisation of the contracts, and whether they gave rise to a trust relationship, whereby Emerald held funds received from the sale of the grain on trust for each grower, was one of the main matters in dispute.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (20 November 2017)
  • PU(A) 34/2011
    Malaysia Deposit Insurance Corporation (Differential Premium Systems in Respect of Deposit-Taking Members) Regulations 2011
    PU(A) 371/2013
    Customs Duties (Exemption) Order 2013
  • Latest Revoked (07 November 2017)
  • PU(A) 161/2017
    Co-operative Societies (Assumption of Control) (Appointment) Order 2017



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