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    CASE(S) OF THE WEEK

  • BONIFACE LOBO ROBERT V LOBO & ANOR v. TRIBUNAL PENGURUSAN STRATA, PUTRAJAYA & ORS [2017] 6 CLJ 537
    HIGH COURT MALAYA, KUALA LUMPUR
    AZIZUL AZMI ADNAN J
    [JUDICIAL REVIEW NO: WA-25-59-03-2016]
    4 APRIL 2017

    CIVIL PROCEDURE: Judicial review – Certiorari – Application to set aside decision of Strata Management Tribunal ('Tribunal') – Allegation that Tribunal breached rules of natural justice in hearing and determining claim – Whether Tribunal heard or considered merits of substantive claim – Whether claimant denied from making oral submissions – Whether Tribunal breached rules of natural justice when it did not inform claimant on law relied upon – Whether Tribunal lacked impartiality or acted in bad faith – Strata Management Act 2013

    LAND LAW: Strata title – Joint Management Body – Joint Management committee – Application to set aside decision of Strata Management Tribunal ('Tribunal') – Whether Tribunal heard or considered merits of substantive claim – Whether claimant denied from making oral submissions – Whether Tribunal breached rules of natural justice when it did not inform claimant on law relied upon – Whether Tribunal lacked impartiality or acted in bad faith – Strata Management Act 2013

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  • MENTERI DALAM NEGERI & ORS v. GOPAL R SUBRAMANIAM [2017] 6 CLJ 593
    FEDERAL COURT, PUTRAJAYA
    MD RAUS SHARIF CJ; SURIYADI HALIM OMAR FCJ; RAMLY ALI FCJ; PRASAD SANDOSHAM ABRAHAM FCJ; JEFFREY TAN FCJ
    [CRIMINAL APPEAL NO: 05-153-06-2016 (R)]
    1 JUNE 2017

    CRIMINAL PROCEDURE: Preventive detention – Detention under Prevention of Crime Act 1959 – Report of inquiry officer – Service of report on detainee – Section 10(2) – Officer having custody of detainee to serve report forthwith – Meaning of 'forthwith' – Whether to mean 'as soon as reasonably practicable' – Interpretation Acts 1948 and 1967, s. 54

    STATUTORY INTERPRETATION: Prevention of Crime Act 1959 – Section 10(2) – Service of report of inquiry officer on detainee – Officer having custody of detainee to serve report forthwith – Meaning of 'forthwith' – Whether to mean 'there and then' or ‘immediate' – Whether to mean

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  • ARTICLE HIGHLIGHT

    Whistleblowing: Court of Appeal sheds light on public interest test

    UK
    Employment
    CoA's wide interpretation of 'public interest' test good news for whistleblowers, not so good for employers
    Chesterton Global Ltd (t/a Chestertons) and another v Nurmohamed and another [2017] EWCA Civ 979 is the first case to go before the Court of Appeal for a view on the 'public interest' test. In order to be protected against detriment or dismissal a worker must have made a qualifying disclosure, which means any disclosure of information that, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following...

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  • When Can the Director of a Corporation Be Held Personally Liable for Oppression?

    CANADA
    Company law
    Circumstances in which director can be held personally liable for oppressive conduct
    Oppression is a broad and equitable remedy. It allows Courts to rectify unfair or prejudicial behaviour on the part of corporate stakeholders. While most Canadian case law is devoted to the issue of what amounts to oppression, a new decision of the Supreme Court of Canada, Wilson v. Alharayeri , 2017 SCC 39, clarifies the circumstances in which a director can be held personally liable for oppressive conduct. Wilson emphasizes that the test for personal liability for oppression is fluid and contextual.

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  • Formal written warnings not always required to prove dismissal fair

    AUSTRALIA
    Employment
    Employers need not formally warn employees about unsatisfactory performance
    In a recent unfair dismissal claim heard at the Fair Work Commission, an employer came under fire for their lack of formal warnings and file notes regarding a dismissed underperforming employee. However, employers can breathe a sigh of relief as the Commission found that employers need not formally warn employees about unsatisfactory performance. Rather, evidence of a performance improvement plan, informal mentoring and general discussions about the dissatisfaction with the employee’s performance, was enough to warrant as warning to the employee.

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  • Canada's top court rules Google must block some results worldwide

    CANADA
    Intellectual property
    Supreme Court rules 7-2 Canadian courts can force Google to remove results worldwide
    Canadian courts can force internet search leader Google to remove results worldwide, the country's top court ruled on Wednesday, drawing criticism from civil liberties groups arguing such a move sets a precedent for censorship on the internet. In its 7-2 decision, Canada's Supreme Court found that a court in the country can grant an injunction preventing conduct anywhere in the world when it is necessary to ensure the injunction's effectiveness.

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  • No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

    CANADA
    Employment
    Termination of employee involved in workplace incident while under influence of drugs
    On June 15, 2017, the Supreme Court of Canada in Stewart v Elk Valley Coal Corp.1 ("Elk Valley") confronted the "uneasy fit of drug addiction and drug testing policies in the human rights arena"2. Elk Valley addresses an employer's decision to terminate an employee involved in a workplace incident while under the influence of drugs and the employee's allegation that his termination constituted unlawful discrimination under Alberta's human rights legislation.

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  • What's in a Name? When Profit Sharing "Insurance" is not Insurance under the Insurance Act

    CANADA
    Insurance
    Option to lock-in broker's profit share does not constitute insurance
    In a recent trial win for McMillan, the Ontario Superior Court in Victess Capital Corp. v. Intact Insurance Co.1 rendered a decision that sheds light on the definition of insurance under Section 1 of the Insurance Act (the “Act”). The decision confirms that an option to lock-in a broker’s profit share does not constitute insurance under the Act, notwithstanding that the insurer may explicitly refer to the program as profit share “insurance”.

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  • A reminder why certainty in contracts is so important

    AUSTRALIA
    Construction
    Important implications for interpretation of renewal clauses
    In the recent New South Wales Court of Appeal decision Port Macquarie-Hasting Council v Diveva, the Court considered the contractual interpretation of a renewal clause. The clause was phrased in general terms and did not specify by whom the clause was exercisable. This case has important implications for the interpretation of renewal clauses which you should be aware of when drafting or entering into contracts.

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  • Why Everyone's Talking About Dana Gas's Sukuk

    MIDDLE EAST
    Islamic finance
    Dana Gas' decision to declare Sukuk invalid sends shivers through industry
    A decision by a Middle Eastern gas producer to declare its own Shariah-compliant bonds unlawful has baffled investors in the $2 trillion Islamic finance industry. Sharjah-based Dana Gas PJSC said Tuesday it no longer considered its two Islamic bonds totaling $700 million issued four years ago as Shariah compliant under the United Arab Emirates’ law. A court in Sharjah has since barred bondholders from taking any action against the company’s securities until it reviews Dana Gas’s application to declare its debt “unlawful and unenforceable.”

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (21 July 2017)
  • PU(A) 437/1985
    Food Regulations 1985
    ACT 56/1965
    National Land Code
    ACT 56/1965
    National Land Code
  • Latest Revoked (17 July 2017)
  • PU(A) 189/1994
    Legal Profession (Disciplinary Proceedings) (Investigating Tribunal and Disciplinary Committee) Rules 1994



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SYMPOSIUM ON DISPUTE RESOLUTION IN ISLAMIC FINANCE
Dispute Resolution in Islamic Finance: Litigation or Arbitration?

05 September 2017 | Kuala Lumpur Regional Centre for Arbitration (KLRCA)
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