DATO' PREM KRISHNA SAHGAL v. MUNIANDY NADASAN & ORS  10 CLJ 385
FEDERAL COURT, PUTRAJAYA
RICHARD MALANJUM CJ (SABAH & SARAWAK), SURIYADI HALIM OMAR FCJ, HASAN LAH FCJ, AZIAH ALI FCJ, JEFFREY TAN FCJ
[CIVIL APPEAL NO: 02(f)-53-08-2016(W)]
14 SEPTEMBER 2017
COMPANY LAW: Fraudulent trading - Intent to defraud - Allegation of - Claim for outstanding debt due and owing to employees of company - Whether managing director of company had intention to cheat or deceive employees - Whether an employee who makes a claim of statutory emolument and contribution entitled to make claim as creditor - Whether monies claimed by employees valid debt under the law - Whether employees creditors of company - Whether a single act to defraud a creditor sufficient to trigger action for compensation against errant person - Whether managing director of company liable to employees - Elements of s. 304 of the Companies Act 1965 - Whether proved - Right of employee to claim for outstanding wages and salaries - Companies Act 1965, s. 292(1)(b), (c) and (e)
WORDS & PHRASES: 'creditor' - Companies Act 1965, s. 304 - Whether includes 'contingent or prospective creditor' - Whether 'prospective creditor' refers to creditor whose claim for debt or right to enforce such claim expected or likely to happen in future - Companies Act 1965, s. 217(b)
FAHMI ZAINOL & ORS v. JAWATANKUASA TATATERTIB PELAJAR, UNIVERSITI MALAYA & ORS  10 CLJ 304
HIGH COURT MALAYA, SHAH ALAM
MOHD YAZID MUSTAFA J
[APPLICATION FOR JUDICIAL REVIEW: 25-17-05-2015]
21 APRIL 2017
Uber rape case: Cab driver Shiv Kumar Yadav found guilty, faces life imprisonment
More than 10 months after a 25-year-old woman was raped and sexually assaulted inside a radio taxi in the national capital, a fast-track court in Delhi Tuesday convicted cab driver Shiv Kumar Yadav, holding him guilty on charges of rape and endangering the life of the victim. Yadav, a former driver of Uber taxi service, faces a maximum punishment of life imprisonment.
Suspension? Investigation? Leading to termination? All within the implied right to issue lawful and reasonable directions???
AUSTRALIAEmploymentEmployer's right to issue lawful and reasonable directions can be powerful tool in managing allegations of misconductIn considering the breakdown of the employment relationship between a dental clinic operator, Railway & Transport Health Fund Ltd (RTHF), and one of its principal dentists, Dr Avenia, the Federal Court confirmed that the implied right of an employer to issue lawful and reasonable directions to employees will, in appropriate circumstances, extend to the suspension of employees and the conducting of investigations into allegations of misconduct in the absence of any express contractual right to do so.
Directors' private information safe from liquidators
NEW ZEALANDInsolvencyLiquidators cannot examine directors' private financial info to decide whether to pursue litigationThe liquidators applied to the Court for an order requiring a director to provide personal tax returns, bank statements, loan documents, a list of assets, and trust information so that they could assess the potential financial benefit of pursuing the director for an alleged breach of directors’ duties.
Insurers not entitled to a lien over litigation proceeds of a foreign insolvent company
UKInsuranceCourts reluctant to extend common law or equitable lien in absence of clear legislative intentThe High Court has held that insurers who had facilitated litigation proceedings by an insolvent company were not entitled to a lien akin to a solicitor’s common law or equitable lien over the proceeds of the litigation to recover the deferred premium.
Lego Wins Its First Copyright Court Case in China Against Bela
AsiaIntellectual propertyDanish toymaker Lego wins first copyright court case in ChinaThe China Shantou Intermediate People’s Court has ruled that products under the name Bela, sold by two Chinese companies, infringed upon Lego’s copyrights, the building block maker said in a statement Thursday. The ruling was made in September, but the appeal window only ended last month, Lego said.
Shipper cleared of trademark infringement
SingaporeIntellectual propertyFreight forwarder involved in shipping fake goods not liable for trademark infringementThe companies behind glitzy brand names such as Louis Vuitton, Gucci, Burberry and Hermes have failed in their lawsuits against a Singapore freight forwarder involved in shipping fake goods from China via Singapore to Batam. The goods could have fetched over $1 million.
Competitor ordered to pay over $6 million in profits in respect of their employees' breaches of duties to a former employer
AUSTRALIAEmploymentDifferent ways in which companies can recover damages for breaches of duties by ex-employeesIn a recent decision, a funeral fund, Lifeplan Australia Friendly Society Ltd (Lifeplan), successfully brought claims against two of its former employees for using confidential information they took during their employment and disclosing it to a competitor. The Full Court of the Federal Court of Australia (Full Court) found that the senior managers of Lifeplan, Mr Woff and Mr Corby, breached their fiduciary obligations, including obligations under the Corporations Act 2001 (Cth) (Corporations Act), by using Lifeplan's confidential documents to create a business plan aimed to directly compete with the business of Lifeplan. They then disclosed that business plan to a competitor, the Ancient Order of Foresters in Victoria Friendly Society Limited (Foresters), which subsequently became their employer.
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