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    CASE(S) OF THE WEEK

  • TALAM CORPORATION BHD & ANOR v. BANGKOK BANK BHD & ANOR [2017] 2 CLJ 365
    COURT OF APPEAL, PUTRAJAYA
    HAMID SULTAN ABU BACKER JCA, PRASAD SANDOSHAM ABRAHAM JCA, ASMABI MOHAMAD JCA
    [CIVIL APPEAL NO: B-02(W)-1890-11-2015]
    22 AUGUST 2016

    LAND LAW: Charge - Sale of land - Default in repayment of banking facility - Public auction of charged property by order of court - Whether bank aware of alternative proposal to redeem charged property at higher price - Whether bank obtained best possible price - Whether conduct of sale within purview of court and not bank - Whether bank complied with relevant provisions of National Land Code and acted in good faith - National Land Code, s. 257(d)

    LAND LAW: Charge - Equity of redemption - Doctrine of - Whether has no place in Torrens System Land Code - Whether chargor's right to redeem charged property was preserved - Whether untenable to import doctrine into NLC

    TORT: Duty of care - Breach - Default in repayment of banking facility - Public auction of charged property by order of court - Whether bank owed duty of care to chargor - Whether judicial sale within purview of court and not bank - Whether bank obtained best possible price - Whether bank complied with relevant provisions of National Land Code and acted in good faith - National Land Code, s. 257(d)

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  • ARTICLE HIGHLIGHT

    'Self-employed' plumber had rights as 'worker', but not employee, appeal court rules

    UK
    Employment
    Plumber entitled to basic rights even though technically self-employed
    A purportedly self-employed plumber engaged through a London-based firm was a 'worker', entitled to paid holiday rights and the right to bring a claim for disability discrimination, the Court of Appeal has ruled.The court upheld an employment tribunal claim brought by Gary Smith, who had been dismissed by Pimlico Plumbers following a heart attack in January 2011. The tribunal had rejected an unfair dismissal claim brought by Smith, as he did not have the status of 'employee'.

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  • Insurance coverage: is there a double duty on insureds in notifying claims to insurers?

    UK
    Insurance
    Insurer could not rely on notification condition precedent to avoid liability
    One of the early issues insurers address when they are notified of a claim is the extent to which there are grounds for avoidance arising from failure by insureds to comply with notification provisions in the policy. In Maccaferri Limited v Zurich Insurance Plc [2017] EWCA 1302 the Court of Appeal undertook a useful analysis of notification conditions common to professional indemnity policies. The decision serves as a reminder that there is a body of case law centred on the nuance of phrases applied in such policies which can have a fundamental impact on obligations the courts will impose on insureds.

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  • Punitive damages for design infringement in burqini™ swimwear battle but no ordinary damages

    AUSTRALIA
    Intellectual property
    Punitive damages awarded although actual loss not shown
    Courts have been increasingly open to claims for additional damages (sometimes referred to as punitive or exemplary damages) for infringement of copyright, trade marks, patents and registered designs, and those additional damages can sometimes dwarf the damages awarded for actual loss. But what if no actual damages are awarded? It seems that additional damages can still be awarded even if there are no damages for actual loss, as shown in a recent case over swimwear (Ahiida Pty Ltd v JB Trading Group Pty Ltd [2016] FCCA 3146).

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  • Stupidity not necessarily a sackable offence, says Fair Work Commission

    AUSTRALIA
    Employment
    Sacked baggage handler awarded A$4,800 compensation for lost salary
    Stupidity not necessarily a sackable offence, says Fair Work Commission 02 Feb 2017 Stupidity not necessarily a sackable offence, says Fair Work Commission by Nathan Luke We all know not to make jokes about bombs when we go through the airport. Nothing could get you kicked off a flight faster. It’s a guaranteed way to find yourself carted off by burly border protection officers. But a Perth airport baggage handler who was sacked for saying “We all support ISIS” on social media has managed to get $4,800 compensation for lost salary from the Fair Work Commission. (See Mr Nirmal Singh v Aerocare Flight Support Pty Ltd [2016] FWC 6186.)

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  • It's not in the job description – Court of Appeal rules investment advice not covered by policy

    UK
    Insurance
    Broker’s failure to procure insurance over several years had not caused loss
    The Court of Appeal's decision in Channon (t/a Channon and Co) v Ward (t/a Ward Associates) [2017] EWCA Civ 13 looks at the extent to which investment activities undertaken by an accountant were covered by the professional indemnity policy wording. It also provides a useful reminder that negligence by a professional does not necessarily lead to an award of damages.

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  • SC summons sitting HC judge over contempt charge, asks to appear on February 13

    INDIA
    Attorney General Mukul Rohatgi, on his part, submitted that the court must act against the judge because his communications have brought disrepute to the institution.
    In a first, high court judge C S Karnan was Wednesday ordered by a seven-judge Supreme Court bench to show up on February 13 and respond to a show-cause notice of contempt of court for writing letters in which he levelled corruption charges against several serving and retired apex court and high court judges. The bench, comprising Chief Justice of India J S Khehar and six senior-most judges of the apex court, also restrained Justice Karnan from dealing with any judicial or administrative work till further orders.

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