Forgot/Reset Password

 

    CASE(S) OF THE WEEK

  • DATO' PREM KRISHNA SAHGAL v. MUNIANDY NADASAN & ORS [2017] 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) 

    Read more




  • FAHMI ZAINOL & ORS v. JAWATANKUASA TATATERTIB PELAJAR, UNIVERSITI MALAYA & ORS [2017] 10 CLJ 304
    HIGH COURT MALAYA, SHAH ALAM
    MOHD YAZID MUSTAFA J
    [APPLICATION FOR JUDICIAL REVIEW: 25-17-05-2015]
    21 APRIL 2017

    ADMINISTRATIVE LAW: Judicial review - Grounds for - Offences under University of Malaya (Discipline of Students) Rules 1999 ('UM Rules') - Applicants found guilty and sentenced by disciplinary committee of University Malaya - Whether decision-making and sentencing of applicants in compliance with UM Rules - Whether procedure adopted tainted with procedural impropriety - Whether in breach of rules of natural justice

    Read more




  • ARTICLE HIGHLIGHT

    Suspension? Investigation? Leading to termination? All within the implied right to issue lawful and reasonable directions???

    AUSTRALIA
    Employment
    Employer's right to issue lawful and reasonable directions can be powerful tool in managing allegations of misconduct
    In 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.

    Read more




  • Directors' private information safe from liquidators

    NEW ZEALAND
    Insolvency
    Liquidators cannot examine directors' private financial info to decide whether to pursue litigation
    The 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.

    Read more




  • Insurers not entitled to a lien over litigation proceeds of a foreign insolvent company

    UK
    Insurance
    Courts reluctant to extend common law or equitable lien in absence of clear legislative intent
    The 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.

    Read more




  • Lego Wins Its First Copyright Court Case in China Against Bela

    Asia
    Intellectual property
    Danish toymaker Lego wins first copyright court case in China
    The 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.

    Read more




  • Shipper cleared of trademark infringement

    Singapore
    Intellectual property
    Freight forwarder involved in shipping fake goods not liable for trademark infringement
    The 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.

    Read more




  • Competitor ordered to pay over $6 million in profits in respect of their employees' breaches of duties to a former employer

    AUSTRALIA
    Employment
    Different ways in which companies can recover damages for breaches of duties by ex-employees
    In 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.

    Read more




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (04 December 2017)
  • ACT 26
    Legal Aid Act 1971
  • Latest Revoked (07 November 2017)
  • PU(A) 161/2017
    Co-operative Societies (Assumption of Control) (Appointment) Order 2017




Secured By Global Sign