RINOTA CONSTRUCTION SDN BHD v. MASCON RINOTA SDN BHD & ORS  2 CLJ 129
FEDERAL COURT, PUTRAJAYA
ZULKEFLI AHMAD MAKINUDIN PCA, SURIYADI HALIM OMAR FCJ, RAMLY ALI FCJ, BALIA YUSOF WAHI FCJ, JEFFREY TAN FCJ
[CIVIL APPEAL NO: 02(f)-45-07-2016(W)]
09 NOVEMBER 2017
COMPANY LAW: Members' rights – Minority shareholders – Oppression by majority shareholders against minority shareholders – Allegation of – Petition under s. 181 of Companies Act 1965 brought by minority shareholders – Whether there were oppressive acts – Whether proceedings ought to be brought by way of derivative action under s. 181A of Companies Act 1965 – Principle of 'reflective loss' – Whether applicable – Whether remedies under s. 181 of Companies Act 1965 available to shareholder
ASEAN BINTULU FERTILIZER SDN BHD v. WEKAJAYA SDN BHD & ANOTHER APPEAL  2 CLJ 257
COURT OF APPEAL, PUTRAJAYA
HAMID SULTAN ABU BACKER JCA, UMI KALTHUM ABDUL MAJID JCA, SURAYA OTHMAN J
[CIVIL APPEALS NO: W-02(C)(A)-1075-06-2016 & W-02(C)(A)-1076-06-2016]
20 OCTOBER 2017
ARBITRATION: Award – Setting aside – Application on grounds of public policy – Delay of four years to hand down award – Whether claimant suffered material prejudice – Arbitrator delivered speaking award – Whether delay issue could be sole reason for appellate intervention – Whether issue of delay could be determined in application for setting aside of award – Whether delay compromised decision making process of arbitrator – Whether warranted intervention based on public policy – Arbitration Act 2005, s. 37
ARBITRATION: Award – Setting aside – Application under s. 42 of Arbitration Act 2005 – Test for court's intervention – Whether s. 42 required higher threshold – Whether claimant made out case for application of s. 42 – Whether appellate intervention warranted
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.
A new definition of ‘worker’ could protect many from exploitation
AUSTRALIAEmploymentNew category of worker may protect more people in total but at a lower minimum standardIf we want gig workers (such as Uber drivers, Airtasker cleaners and delivery riders) to have decent working conditions, pay and hours, it may be time to consider creating a new legal category of “worker” that covers contractors as well as employees. Gig workers and workers in other precarious fields would be entitled to minimum pay rates and conditions even if they were not classified as employees of the platforms they work for.
‘Where is my payout, f**got?’: Sacked Coles worker’s foul-mouthed text message rants
AUSTRALIAEmploymentBipolar disorder 'not mitigating factor' in dismissal of foul-mouthed workerA FOUL-MOUTHED Coles employee sacked for abusing co-workers as “retards” and “f**gots” has lost a bid for unfair dismissal after the Fair Work Commission found his bipolar disorder was “not a mitigating factor”. Ridwan Ridwan was sacked from the Glenferrie Coles in Victoria in August last year for inappropriate behaviour including swearing, yelling, using racial slurs and behaving in an aggressive manner towards fellow team members.
Construction business wins unfair dismissal case after firing worker who chest-bumped a man for stealing his cowboy hat
AUSTRALIAEmploymentPhysical altercations can be basis for immediate dismissalA construction worker has been unsuccessful in his claim of unfair dismissal, after a Western Australian business fired him for his involvement in a fight over his cowboy hat, which was stolen while he was having a drink at the staff village of a construction site. In July 2017, Bechtel Construction Australia fired an employee who had been working as a rigger on the Wheatstone Project for serious misconduct displayed when the worker got into a fight.
Exercising the Right to Terminate - Why Your Default Notice Matters
UKConstructionValid or invalid termination can start with contractual 'default' noticeThe right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice requirements then a party risks invalidly terminating the contract, and exposing itself to a wrongful termination action. Recent case law in the UK and Australia serves as a timely reminder that a valid or invalid termination can start with the contractual “ default ” notice.
English High Court confirms that Sharia non-compliance will not affect the enforceability of an English Law agreement in an Islamic Finance structure
Islamic financeShariah non-compliance won't affect enforceability of English law agreementThe Financial List in the English High Court has considered the preliminary issue of the validity and enforceability of an agreement governed by English law, which formed part of a complex financial transaction partly governed by UAE law and the principles of Islamic Sharia: Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors  EWHC 2928 (Comm).
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