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    CASE(S) OF THE WEEK

  • MAT SHUHAIMI SHAFIEI v. KERAJAAN MALAYSIA [2017] 1 CLJ 404
    COURT OF APPEAL, PUTRAJAYA
    LIM YEE LAN JCA, VARGHESE GEORGE JCA, HARMINDAR SINGH DHALIWAL JCA
    [CIVIL APPEAL NO: W-01(A)-115-04-2015]
    25 NOVEMBER 2016
    [2016] CLJ (JT13)

    CIVIL PROCEDURE: Res judicata - Principles - Whether court could decline application if application leads to unjust result - Whether discretionary in nature - Whether same issues challenged in earlier proceedings

    CONSTITUTIONAL LAW: Legislature - Constitutionality of statute - Sedition Act 1948 (`Act 15') - Application for declaration that s. 3 of Act 15 violated art. 10 of Federal Constitution - Exclusion of requirement to prove `intention' - Whether disproportionate inroad into fundamental right - Whether exclusion of requirement to prove intention was a deviation from norm with regards to criminal prosecutions - Whether s. 3(3) of Act 15 breached guarantee of equality under Federal Constitution - Whether s. 3(3) of Act 15 contravened art. 10 of Federal Constitution

    CONSTITUTIONAL LAW: Fundamental liberties - Freedom of speech and expression - Sedition Act 1948 (`Act 15'), s. 3(3) - Application for declaration that s. 3(3) of Act 15 violated art. 10 of Federal Constitution - Whether violated citizen's right to freedom of speech and expression - Exclusion of requirement to prove `intention' - Whether s. 3(3) satisfied test of proportionality - Whether s. 3(3) in violation of constitutional rights of a citizen to be treated and protected equally before law

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  • ARTICLE HIGHLIGHT

    The Risks of Suspension under Construction Contracts

    AUSTRALIA
    Construction
    Dangers of wrongful suspension of works
    Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and serious financial consequences for the party in the wrong.

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  • AWB “oil for wheat” scandal – the duty of directors to investigate

    AUSTRALIA 
    Company law
    Directors should remain watchful for possible misconduct relating to sanctions, anti-corruption laws
    The Supreme Court of Victoria has found that Trevor Flugge, the former chairman and director of AWB Limited (AWB), breached his duties as a director by failing to make inquiries and prevent conduct by AWB that contravened United Nation’s sanctions. Even though the Court found that Mr Flugge did not participate in, or did not have any direct knowledge about, the contravening conduct, he may be liable for civil penalties.

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  • Words mean what they say - when they clearly should not

    UK
    Trust, probate and administration
    Whether legacies only to be paid on death of husband or wife and not twice over
    In recent years judges have shown much greater willingness to ensure that mistakes in Wills are corrected. The result has been to uphold testators' intentions in the face of ambiguity or even plain error. But every now and then the wheels come off and the literal approach favoured in the olden days triumphs. A recent example is the decision in Jump and Jones v Lister and Forresters Solicitors Limited.

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  • Federal Court ruling acts as a warning against copyright infringement

    AUSTRALIA
    Intellectual property

    First time Copyright Act 1968 used to prevent access to websites that infringe, or facilitate infringement of, copyright
    On Thursday 15 December 2016, the Federal Court ordered Australia’s largest internet service providers (ISPs) to block the streaming service SolarMovie, plus the file-sharing websites The Pirate Bay, Torrentz, TorrentHound and IsoHunt. Visitors to the blocked sites will now see a page informing them the site has been disabled by court order. This is the first time that the Copyright Act 1968 (Cth) has been used to prevent access to websites whose primary purpose is to infringe, or facilitate infringement, of copyright.

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  • UK competition regulator secures first director disqualification

    UK
    Competition
    Five-year ban for former MD who 'personally contributed to breach of competition law'
    UK competition regulator secures first director disqualification A senior executive at a UK business which was earlier this year fined for breaching competition laws has signed an undertaking which disqualifies him from being a director of another UK company for five years.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (19 January 2017)
  • ACT 543
    Petroleum (Income Tax) Act 1967 (Revised 1995)
    ACT 53
    Income Tax Act 1967 (Revised 1971)
  • Latest Revoked (09 November 2016)
  • PU(B) 27/2015
    Appointment and Revocation of Appointment of Registrar of Credit Reporting Agencies



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